KALU BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of the judgment dated 27.2.88 passed by Sessions Judge, Nalbari in Sessions Case No. 39 (N)/86 thereby holding the appellants guilty of offence punishable under Section 326/149 IPC and sentencing them to undergo rigorous imprisonment for 5 years with fine of Rs. 2,000/- each and in default of payment of fine to suffer 3 months R.I. The acccused- appellants were also charged under Sections 323/149 and 302/149 IPC, but they have been acquitted of these charges by the trial Court and no appeal against acaquittal by State of Assam has been preferred.

(2.) Aggrieved by the conviction and sentence as recorded by the trial court, the accused-appellants have preferred this appeal. It is mainly assailed by the learned counsel appearing for the appellants, on the ground that the evidence adduced by the prosecution in support of the charge under Section 326/ 149 IPC is wholly untrustworthy and unreliable. The conviction as recorded by the trial caurt is, therefore, liable to be set aside.

(3.) Learned Public Prosecutor Mrs. Deka, on the other hand, maintains that the conviction as recorded by the Trial court is well supported by evidence and it does not call for any interference.