MD AINUDDIN MUNSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel for the petitioner and learned Addl. PP, Assam.

(2.) Both these revisions are directed against the judgment and order dated 20.11.2008, passed by the learned Sessions Judge, Darrang in Sessions Case No.17(D-2)/2008. By the said judgment, learned Sessions Judge dismissing the appeal filed by the petitioners, upheld the judgment and order dated 17.05.2008, passed by the learned Asstt. Sessions Judge, Darrnang, Mangaldoi in GR Case No.127/1998, whereby the petitioners were convicted under Section 307 IPC read with Section 34 IPC, and sentenced to imprisonment for 2 years and fine of Rs. 2,000/- each, with default stipulation.

(3.) As per the prosecution case, on 29.01997, when Ohed Ali and Sattar Ali were proceeding to Tangni market, the petitioners along with one Samed Ali (since deceased) attacked them and mounted assault on both of them with the intention to kill them. Though the villagers confined all the five accused persons named in the FIR, namely, Ainuddin Munshi, Samsul Hoque, Samed Ali (deceased), Besiruddin and Amaluddin, other co-accused, named in the FIR, managed to release them. An FIR was lodged by PW-1, Md. Ali Hussain, on the basis of which police registered a case and submitted charge-sheet against six persons including the petitioners. However, rest of the persons named in the FIR were exonerated by police and eventually the six accused persons including the present petitioners stood trial.