KHALILUR RAHMAN AND ANR Vs. STATE OF ASSAM
LAWS(GAU)-2018-10-81
HIGH COURT OF GAUHATI
Decided on October 30,2018

Khalilur Rahman And Anr Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Heard learned Sr. Counsel Mr. H.R.A. Choudhury for the appellants and learned Addl. P.P. Mr. B.B. Gogoi for the State.
(2.) The accused/appellant Khalilur Rahman and Mustak Ahmed were convicted along with two others, namely, Harekrishna Medhi and Ramesh Das under Section 384/342 IPC R/W 34 IPC by the learned Sessions Judge, Kamrup in Sessions Case No. 15(K)/2006. Learned Sessions Judge sentenced all of them to undergo imprisonment for two years and fine of Rs. 10,000/- with default stipulation under Section 384 IPC and imprisonment for 6 months and fine of Rs. 500/- with default sentence under Section 342 IPC.
(3.) The prosecution case, unfolded in the FIR lodged by one Ajoy Singh (PW-8) was that on 27.06.2003, when the informant Ajoy Singh was going to Fancy Bazar by driving his own car, the accused Harekrishna Medhi (since deceased) along with two others forcibly boarded the car and took him to a house on gun point. On reaching the said house, they snatched Rs. 1500/- from him and also provided him some alcoholic drinks. Thereafter they brought a packet of white substance and one of them identified as Addl. S.P. Mr. Medhi, demanded Rs. 2,00,000/- by saying that unless PW-8 pays Rs. 2,00,000/-, he would be booked in a case of drug trafficking under NDPS Act. Thereafter he was taken to another house, where he found some persons including police personnel with fire arms, but they denied to extend any help to the informant. They again brought the PW-8 to the previous house and released him upon assurance to pay the demanded money by the next day. He was also given phone number of said Medhi. On the next day, he lodged the FIR at Noonmati Police Station and narrated the entire incidents. After lodging of the FIR, a trap was laid and as per instruction of police, on the next day, PW-8 went to the office of said Harekrishna Medhi, with two bundles of purported money, which contained a packet of papers resembled to Rs. 500/- currency note with two 500/- currency notes on each side. The investigating police officer along with other senior officers followed him and when he entered the office of said Harekrishna Medhi, Addl. S.P., and offered the said money, he was caught and the said alleged money was seized vide Ext. 6 from the hand of the informant (PW-8). Eventually charge sheet was laid against 5 persons including the present appellants. One of the charge sheeted accused, namely, Moinul Hoque died during investigation and the remaining 4 persons stood trial.;


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