MD. HANIF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the Mr. A. R. Bhuyan, learned counsel for the petitionersaccused as well as Mr. D. Das, learned Addl. P.P., Assam appearing for and on behalf of the State respondent.

(2.) By filing this revision under Sections 397401 of the CrPC, the petitioners have prayed for setting aside and quashment of the judgment and order, passed by the learned Judicial Magistrate First Class, Udalguri in G.R. Case No.5282006, dated 17.04.2008 convicting and sentencing the accusedpetitioners to pay a fine of Rs.50 each us.341 IPC, in default of payment of fine to under S.I. for seven days us.341 IPC and also to undergo imprisonment for six months us.325 IPC. Additionally the accusedpetitioner Hanif Ali was further sentenced to undergo imprisonment for one year us.392 IPC. On appeal preferred by the accused, the learned Addl. Sessions Judge (FTC), Darrang at Mangaldoi, by its order dated 03.11.2010 in Criminal Appeal No.15(D2)2008, upheld the conviction and sentence against the accused us.34132534 of the IPC, by setting aside the conviction and sentence against accusedpetitioner Hanif Ali, us.392 IPC.

(3.) The prosecution case in brief is that one Ramjan Ali lodged an F.I.R. dated 22.10.2006 before the Rowta Police Outpost alleging interali that the accused persons have restrained and assaulted his elder brother Hai Salam Bepari on 21.07.2006, at about 5:30 P.M., while he was returning home from Udalguri Market by selling jute at Padmapukhuri village near Galandi River and also snatched away Rs.28,000 from him. Accordingly the Rowta Outpost GDE No.373, dated 22.10.2006 was made and forwarded the same to the Udalguri P.S. for registering a case. Accordingly the Udalguri P.S. Case No.952006 was registered, us.32537934 IPC. The police started investigation of the case, sent the injured for treatment, examined the witnesses and on completion of investigation, submitted charge sheet against the accused persons us.37934132534 of the IPC.