LAWS(GAU)-1999-2-40

TASRAF ALI Vs. STATE OF ASSAM

Decided On February 11, 1999
Tasraf Ali Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 30.4.1998 passed by the Addl. Sessions Judge at Nagaon in Sessions Case No.46(N-H)/92 whereby the appellant was convicted under section 396 Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.2,000, in default, another six months simple imprisonment.

(2.) On 17.7.1982, Aklisur Rahman filed a written FIR Ext 1, before the OC, Murajhar PS to the effect that on the night of 16.7.1982, about 10 persons under the leadership of Tasamp Ali and Ismail Ali armed with guns and deadly weapons entered into the house of Md Faizur Rahman and after breaking open the door, forcibly assaulted the inmates and decamped with gold ornaments and other valuables. Faizur Rahman who sustained injuries in the above incident, later on succumbed to the injuries at the hospital. Police registered a case and after usual investigation submitted charge sheets. On a case being committed to the Court of Sessions, the learned Sessions judge framed charge against as many as, six accused persons under section 396 Penal Code. They pleaded not guilty. During trial, the prosecution examined 8 witnesses. On conclusion of the trial the learned Sessions Judge acquitted five accused persons and convicted the present accused appellant, Tasraf Ali under section 396 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000, in default to further imprisonment for six month. Hence the present appeal.

(3.) We have heard Mr. AK Phukan, learned counsel for the appellant and the learned Public Prosecutor and considered the case records.