RUBUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 27. 07. 2007, passed, in GR Case No. 35/99, by the learned Sub-Divisional Judicial Magistrate, Rangia, the accused-petitioners along with two others, namely, Fakaruddin Ahmed and Bapan Ali, stood convicted under Sections 326 and 447 read with Section 34 IPC and each of them stood sentenced to undergo, for their conviction under Section 326 read with Section 34 IPC, rigorous imprisonment for a period of six months and pay fine of Rs. 2000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month and each of them also sentenced, for their conviction under Section 447 read with Section 34 IPC, to pay fine of Rs. 300/- and, in default of payment of fine, suffer simple imprisonment for a period of 15 days.

(2.) AGGRIEVED by their conviction and the sentences passed against them, the accused petitioner and the said Fakaruddin Ahmed and Bapan Ali preferred an appeal, which gave rise to Criminal Appeal No. 52/2007. By judgment and order, dated 11. 07. 2008, passed in Criminal Appeal No. 52/2007, aforementioned, the learned Additional Sessions Judge (FTC), Kamrup, held the appellants, Fakaruddin Ahmed and Bapan Ali, not guilty of the offence under Section 326 read with Section 34 IPC and acquitted them accordingly, but the present petitioner Rubul Ali's conviction under Section 326 IPC was maintained and the sentence, passed against him, in consequence of his conviction, under Section 326 IPC, was too left unaltered. The learned appellate Court, however, maintained the conviction of not only the present petitioner, but also of Fakaruddin and Bapan Ali under Section 447 IPC and declined to interfere with the sentences passed against them in consequence of their conviction under Section 447 IPC. While Fakaruddin and Bapan Ali have not taken any action against the appellate judgment and order, dated 11. 07. 2008, aforementioned, the accused petitioner has impugned the same in this revision.

(3.) DURING trial, charges under Sections 147, 447, 427 and 326 IPC were framed against all the said accused persons, but they all pleaded not guilty to the charges so framed. In support of their case, prosecution examined six witnesses. The accused persons were, then, examined under Section 313 Crpc and in their exmaination aforementioned, they denied that they had committed the offences alleged to have been committed by them, the case of the defence being that of total denial. The defence also adduced evidence by examining one witness. Having, however, found accused Rubul Ali, Fakaruddin (since acquitted) and Bapan Ali (since acquitted) guilty as mentioned above, the learned trial Court convicted them accordingly and also passed sentences against them as already indicated above. As the appeal, preferred by the said three convicted persons, has not yielded any favourable result so far as the present petitioner is concerned, he is, now, before this Court with the help of this revision petition.