MD NURUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B Sharma, Amicus Curiae for the petitioner. Also heard Mr. N P Goswami, learned Addl. PP, Assam.

(2.) This revision is directed against the judgment and order dated 11.02.2009 passed in Sessions Case No. 112 (N)/2006 by learned Addl. Sessions Judge, FTC, Nagaon, Assam whereby the petitioners were convicted u/s 392/34 IPC and sentenced to suffer r/i for 3 (three) years and also to pay a fine of Rs. 1,000/- each, in default, to suffer further R.I. for 1 (one) month.

(3.) Necessary brief of the case is that the complainant Md. Mubarak Bhuyan filed a complaint petition before the court stating that accused namely (1) Mainul Islam (2) Babar Ali (3) Nurul Islam (4) Atabuddin trespassed into his house on 15.10.2005 at about 08:30 p.m armed with deadly weapon like pistol, dagger and forcefully taken away a sum of Rs. 17,000/- which were collection money of FIC (Network) M.L.M Marketing of the complaint along with his business kit. The accused also threatened the complainant to give them Rs. 50,000/- within a month failing which they will kill him. Prior to the incident, they robbed Rs. 23,000/- and other articles from the FIC Office of the complainant. On earlier occasion, police did not respond to the FIR so the complainant filed the complaint before the Court.