LAWS(GAU)-2008-8-21

JUWAIDUR RAHMAN Vs. STATE OF ASSAM

Decided On August 14, 2008
Juwaidur Rahman Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) <DJG>AFTAB H.SAIKIA,J</DJG> 1. Heard Mr. A. K. Goswami, the learned Sr. Counsel assisted by Ms. B. Sarma, the learned counsel for the appellants. Also heard Mr. K. A. Mazumdar, the learned P. P. Assam.

(2.) THIS criminal appeal has been directed against the judgment and order dated 14. 02. 2003 passed by the learned Additional Sessions Judge, Cacher, Slichar in Sessions Case No. 79/99 whereby appellants were convicted under Sections 302/34 IPC read with Section 447 IPC and sentenced to undergo rigorous imprisonment (for short, 'r. I. ') for life and to pay fine of Rs. 500/- each, in default of payment of fine to undergo rigorous imprisonment for six months each under Section 302/34 IPC and they were also sentenced to undergo R. I. for one month each for their conviction under Section 447 IPC. Further the convicted accused appellant No. 1 was sentenced to undergo R. I. for one year for his conviction under Section 324 IPC. The sentences of imprisonment shall run concurrently. 2. This criminal appeal has been directed against the judgment and order dated 14. 02. 2003 passed by the learned Additional Sessions Judge, Cacher, Slichar in Sessions Case No. 79/99 whereby appellants were convicted under Sections 302/34 IPC read with Section 447 IPC and sentenced to undergo rigorous imprisonment (for short, 'r. I. ') for life and to pay fine of Rs. 500/- each, in default of payment of fine to undergo rigorous imprisonment for six months each under Section 302/34 IPC and they were also sentenced to undergo R. I. for one month each for their conviction under Section 447 IPC. Further the convicted accused appellant No. 1 was sentenced to undergo R. I. for one year for his conviction under Section 324 IPC. The sentences of imprisonment shall run concurrently.

(3.) ON the basis of the above information, the police started investigation and submitted charge-sheet against those four accused persons including the two appellants herein. However before framing of charges the accused Abidur Rahman and Moina Mia expired and consequently the charge was framed by the trial Court against the present two appellants in this appeal.