SABIR HUSSAIN BARBHUIYA Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-84
HIGH COURT OF GAUHATI
Decided on February 27,2018

Sabir Hussain Barbhuiya Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

UJJAL BHUYAN - (1.) Heard Mr. AI Uddin, learned counsel for the appellants and Ms. B Bhuyan, learned Addl. Public Prosecutor, Assam.
(2.) This appeal has been preferred against the judgment and order dated 24.08.2015, passed by the learned Addl. Sessions Judge, Cachar at Silchar in Sessions Case No.18/2012 convicting the appellants under Sections 147/148/149 323/302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3,000/- each, with a default clause for the conviction under Sections 302/149 IPC, together with other lesser sentences, to run concurrently.
(3.) Prosecution case as is discernible from the First Information Report (FIR) is that on 25.08.2009 at around 4.30 pm, brother of the informant, Rehanuddin Mazumder had a discussion with four of the accused persons pertaining to construction of house. The accused persons became agitated in the course of the discussion and assaulted the brother. At that stage, the neighbours intervened, following which the accused persons moved away; so also the brother. After some time that is around 04.45 pm, father of the informant Abdul Mannaf Mazumder was on his way back home from the market when the accused persons attacked him with dao, dagger, lathi, spade etc. causing grievous injuries on his person. On hearing hue and cry, brother Rehanuddin went out to save his father. Then he was assaulted by the accused persons by dao, dagger etc., which caused grievous injuries to his head and back. The two injured were taken to the hospital whereafter, the FIR was lodged. This led to registration of Barkhola Police Station Case No.102/2009, under Sections 147/148/149/341/325/326 IPC.;


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