SOFIQURRAHMAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is revision under Section 401 of the Code of Criminal Procedure, 1973 against the judgment and order dated 13-9-1990 of the learned Additional Sessions Judge. Cachar at Silchar in Criminal Appeal 33(3)/85 partly allowing the appeal and sentencing each of the four Petitioners to a fine of Rs. 100/- in default to undergo rigorous imprisonment for 7 days for the offence under Section 427 Indian Penal Code and further sentencing each of the 4 petitioners to a fine of Rs. 200/- in default to undergo rigorous imprisonment for 10 days for the offence under Section 323 Indian Penal Code.

(2.) The facts briefly are that the 4 petitioners along with 5 other persons were prosecuted for the offence under Sections 147/447/427/354/323 Indian Penal Code. The prosecution case briefly was that at about 8 a.m. on 22-4-1982, the accused persons armed with Huja, Lathi, Lenja, etc. formed an unlawful assembly and trespassed into the homestead of the informant Manubala Das and caused damage by breaking the fencing, pulling out the thatch and cutting the banana and betelnut plants and took away some articles from her house and caused a loss of Rs. 1000/- to her. The informant, her son Bhajan Das and her daughter Rekharani Das tried to resist the accused persons, but were beaten by the accused persons. When Manubala Das, Bhajan Das and Rekharani Das raised alarm, neighbours came and rescued them from the accused persons. The defence case on the other hand was of denial of the prosecution story. Their further case was that they got decree for eviction against Bhajan Das in connection with the seedling-bed which was contiguous to the homestead of Bhajan Das and while the accused persons were ploughing the seedlingbed Bhajan Das along with other associates attacked them with intention to dispossess them and a criminal case was instituted in which Bhajan Das and others were convicted.

(3.) By judgment dated 1-8-1985 of the learned AddI. Chief Judicial Magistrate in C.R. No. 994/92, out of the nine accused persons eight were convicted under Sections 147/447/ 427/323 Indian Penal Code and two accused persons were also convicted under Section 354 I.P.C. Aggrieved, the eight convicted accused persons filed Criminal Appeal No. 33 (3)/85 and by judgment dated 13-9-1990, the learned Additional Sessions Judge, Cachar, Silchar acquitted four out of the eight convicted accused persons of all charges and set them at liberty and also acquitted two out of the eight accused persons convicted for the offence under Section 354 I.P.C. In respect of the four petitioners, however, the learned Additional Sessions Judge maintained the conviction under Sections 427/323 I.P.C. while acquitting them of the remaining charges and sentenced them of a fine of Rs. 100/- each in default to undergo rigorous imprisonment for 7 days for the offence under Section 427 I. P. C. and to a fine of Rs. 200/- each in default to undergo rigorous imprisonment for 10 days for the offence under Section 323 Indian Penal Code.