MD AMRUL HAQUE LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is against the judgement and order, dated 20.11.2008, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar, in Sessions Case No. 35/2007, convicting and sentencing the accused-appellants to undergo rigorous imprisonment for 5 years each and to pay a fine of Rs. 5,000/- each with a default clause under Section 304 Part II read with Section 149 of the I.P.C., rigorous imprisonment for 2 years each and to pay a fine of Rs. 1,000/- each with a default clause and rigorous imprisonment for 1 month each, 6 month each and to pay a fine of Rs. 500/- with a default clause under Sections 148/342/323/149 of the I.P.C. respectively. The sentences are directed to run concurrently.

(2.) I have heard learned Amicus Curiae Mr. M.U. Mondal for the accused-appellants and learned Additional Public Prosecutor for the state respondent No. 1 Mr. B. Sarma.

(3.) The case for the prosecution is that, on 26.2004, at about 7:00 PM, the accused appellants came to the house of the informant Abdul Hussain Barbhuiya, caught hold of his brother Hassan Uddin and took him with them after assaulting and thereafter he was confined in the house of the accused-appellant Amrul Hoque and there also he was assaulted by them. The informant's father Siraj Ali, mother Aftarun Nessa and their younger son Monojir Ali and sister Rabia Begum went to the house of accused-appellant Amrul Hussain to rescue said Hassan Uddin, but they could not rescue him. The accused-appellants also assaulted them with lathis, fists and blows etc. and caused injuries to their person.