MUSTT SALEHA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the accused appellants when the matter was called upon for hearing today. I have heard Mr. K. Munir, learned Additional Public Prosecutor; Assam, for respondent No. l, There is also no representation for respondent No. 2 (Complainant).

(2.) All the appellants, having been convicted Under Section 323, IPC and sentenced to suffer rigorous imprisonment for 6 (six) months and the appellant No. 1, Mustt. Saleha Khatun, Under Section 436 IPC, alone, sentenced to suffer rigorous imprisonment for 3(three) years and to pay fine of Rs. 1,000/-, in default, simple imprisonment for further 15 days and her imprisonment being directed to run concurrently vide judgment & Order dated 2-2-2002 in Sessions Case No. 93(N)/98 passed by the learned Additional Sessions Judge, Nagaon, have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(3.) The prosecution story is founded on the complaint filed by the respondent No. 2 Siraj Uddin Ahmed, before the Court of learned CJM, Nagaon, alleging, inter alia, that the accused appellants forming an unlawful assembly and being armed with deadly weapons like lathi, jathi, etc. came to house of complainant on 1-12-1995, at about 11 a.m. and set fire on his dwelling house and caused damage to the properties to the extent of Rs. 20,000/-. On hearing the alarm, Motin Sarkar, Aziz Hazarika, Jalaluddin, Siraj Ali and Ors. arrived at the place of occurrence. In this connection, an FIR was also lodged with the concerned police station on the same day but the police did not register any case and therefore, the aforesaid complaint was made before the Court of learned CJM, Nagaon. The case endorsed to the Court of SDJM, Nagaon, who recorded the statements of the complainant and called for the report from the Officer-in-Charge of Dhing Police Station. On receipt of the report from the police, the learned SDJM re-corded the statements of the witnesses and finding prima facie materials under Sections 147/447/436/379/34, IPC, issued summons to the accused appellants for appearance. They accordingly appeared and the case was committed to the Court of Session for trial which was later on transferred to the Court of Additional Sessions Judge, Nagaon. The learned trial Court framed charges against the present accused appellants Under Sections 436/323, IPC to which they pleaded not guilty and demanded trial.