ALAUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 19.03.2009, passed by the learned Sessions Judge, Karimganj in Criminal Appeal No. 3(1)/2008 and Criminal Appeal No. 4(1)/2008 dismissing the appeals and affirming the judgment and order, dated 29.01.2008, passed by the learned Assistant Session Judge, Karimjanj in GR Case No. 776/2002, convicting the accused-revision petitioners under Sections 148/341/326/149 of the IPC and sentencing them to suffer rigorous imprisonment for 1 (one) year under Section 148/149 of the IPC and a fine of Rs. 500/- with a default clause and to suffer simple imprisonment for 7 (seven) days under Section 341/149 of the IPC and rigorous imprisonment for 4 (four) years and a fine of Rs. 5,000/- each with a default clause under Sections 326/149 of the IPC. The substantive sentences are ordered to run concurrently.

(2.) Heard the learned counsel, Mr. NS Laskar assisted by learned counsel, Mr. RA Choudhury for the accused-revision petitioners. Also heard Mr. BJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The fact leading to the case is that, on 30.08.2002, at about 8:00 pm, when the victim Bidyut Bhusan Das was returning home, after collecting his shirt from the laundry situated at Narikholi Tinali, he was attacked by his co-villagers, namely, the revision petitioners (as named by him in his evidence) near the poultry firm of one Abdul Gafur. They caused multiple injuries, including on his both legs and right hand by means of blunt and sharp edge of dao. The injured, aforesaid, was taken to Karimganj Civil Hospital and from there he was referred to the Silchar Medical College & Hospital where he underwent medical treatment.