MD. BADIYAT ZAMAN AND OTHERS Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Md. Badiyat Zaman And Others
STATE OF ASSAM
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HITESH KUMAR SARMA,J. -
(1.) This is an appeal against the judgment and order, dated 13.02.2009, passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 73/2005 convicting the accused-appellants, under Sections 364/34 of the IPC and sentencing them to rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 2,000/- each with a default clause.
(2.) I have heard Mr. HRA Choudhury, learned senior counsel appearing for the accused-appellants assisted by the learned counsel, Mr. A Ahmed as well as Mr. BJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.
(3.) The fact leading to the case is that, on 12.05.2002, Sri Kalipada Saha/the victim, went out at about 8:30 pm to play cards in the house of one Jahanuddin. Some people were already playing cards there and he joined them, and thereafter, the present accused-appellant Md. Badiyat Zaman came there and joined them. Thereafter, he left the place of occurrence to come back again. Thereafter, 7/8 persons appeared in the place of occurrence covering their faces, armed with dagger, etc and took the victim/Kalipada Saha out. The victim/Kalipada Saha could identify the present accused-appellants, Badiyat Zaman and Abdul Karim. On the said date, since Kalipada Saha did not come back home, his son, Deepak Kumar Saha lodged an FIR with the Chithila Police Out Post and thereafter the same was forwarded to the Fakiragram Police Station for registering a case. Accordingly, the Fakiragram Police Station registered a case, being No. 19/2002, under Sections 365/34 of the IPC, investigated into it, collected evidence, and finally, submitted a charge-sheet against the accused-appellants and others under Sections 364/34 of the IPC.;
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