ABU TAYAB MD SIDDIQUE AND ANR Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Abu Tayab Md Siddique And Anr
STATE OF ASSAM
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Mir Alfaz Ali, J. -
(1.) Heard Mr. M.K. Hussain, learned counsel for the petitioners and Ms. S Jahan, learned Addl. PP, Assam.
(2.) This revision is directed against the judgment and order dated 21.11.2009, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No.5/2009. By the said judgment, learned Sessions Judge dismissing the appeal filed by the petitioners upheld the judgment and order dated 29.01.2009 passed in GR Case No.129/2004, whereby the learned Addl. Chief Judicial Magistrate convicted the accused petitioners under Sections 325/323 IPC and sentenced them to RI for 1 (one) year each with fine of Rs.1,000/- under Section 325 IPC and fine of Rs.300/- with default stipulation under Section 323 IPC.
(3.) As per the prosecution case, on 06.03.2004 at about 7.30 pm, when the father of the informant Abdul Kadir was going to market, all the accused persons named in the FIR assaulted him. The accused Abu Tayab hit him on his head with a road. When the informant tried to save him, the accused Taher hit him on his back with a dagger and caused injury. An FIR was lodged by PW-2, Jahirul Islam, on the basis of which, police registered a case and after usual investigation laid chargesheet against 11 of the accused persons named in the FIR and all the accused persons stood trial.;
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