ABDUL SALAM AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.11.2009 passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 12/2009. By the said judgment, the accused appellants were convicted under Section 147/435/323/325 IPC and awarded sentence of imprisonment for three months under Section 147 IPC, imprisonment for three months under Section 323, imprisonment for three years with fine of Rs. 500/- under Section 325 ICP and imprisonment for six months and fine of Rs. 500/- with default stipulation under Section 435 IPC.

(2.) As per the prosecution case, on 08.04.2008, at about 10.30 in the morning, a mobile set was snatched away from one Oliulla (PW-12). Heated argument and quarrel took place for the said incidence and thereafter eight persons named in the FIR set fire to the house of the informant Abdul Jalil. When they tried to resist the accused persons, the accused persons assaulted Jamaluddin and Roinmon Nessa with lathi. They also assaulted Rafiqul Islam causing injuries on his finger. An FIR was lodged by PW-3, Abdul Jalil, on the basis of which, police registered a case and after usual investigation submitted charge sheet under Section 147/323/324 IPC against all the accused persons named in the FIR.

(3.) In course of trial, charges were framed against the six accused appellants under Section 147/324/325/436 R/W 34 IPC, to which all the appellants pleaded not guilty. Prosecution examined 14 witnesses to establish the charges against the appellants. The accused appellants also examined three witnesses in their defence. On appreciation of the evidence, learned Trial Court convicted the accused appellants and awarded sentence as indicated above.