HANIF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Md. M. H. Choudhury, learned counsel for the appellant and also heard Mr. B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) THIS appeal is directed against the judgment and order dated 27. 12. 2005 passed in Sessions Case No. 34 (DMFT)/2004 by the Adhoc Additional Sessions Judge, Darrang, Mangaldoi convicting the accused-appellant under Section 395 read with Section 398 IPC and sentencing him to undergo R. I. for 7 years and pay fine of Rs. 5,000/- in default, further R. I. for 5 months.

(3.) ON the basis of the aforesaid information, an FIR was lodged which was registered as Dalgaon P. S. Case No. 26/98 under Section 398 IPC. All the accused-persons were enlarged on bail before committal of the case to Sessions Court. The present accused-appellant, after being enlarged on bail, has been absconding. The police after investigation, submitted charge sheet under Section 398 IPC against all the accused-persons. Thereafter, the case was committed on 21. 08. 2000 to the Court of Sessions Judge, Darrang, Mangaldoi declaring the accused-appellant as absconder and charges were framed against the accused-persons except the present appellant, Hanif Ali. The accused-persons, who appeared before the learned trial Court pleaded not guilty and claimed to stand trial. The trial commenced against all the accused-persons except the present appellant. After the trial, the learned trial Court acquitted all the accused-persons except the present appellant vide judgment and order dated 20. 01. 2003.