AMITAVA ROY, J. - (1.) THE appellants being aggrieved by their conviction under Sections 148/149/323/325/302 of the Indian Penal Code (for short hereafter referred to as the Code as well) and sentences awarded correspondingly ranging from rigorous imprisonment for six months till life and fine from Rs. 500/- to Rs. 5000/- in default to suffer rigorous imprisonment for varying periods as referred to in the impugned judgment and order dated 9. 9. 2003 passed by the learned Sessions Judge , Hailakandi, Assam, in Sessions Case No. 21/2000 are in appeal for redress.
(2.) WE have heard Mr. J. M. Choudhury, Sr. Advocate assisted by Mr. B. M. Choudhury, Advocate for the appellants and Mr. K. C. Mahanta, learned Public Prosecutor, Assam. The prosecution case is founded on an FIR lodged by one Md. Ismail Ali with the Officer-in-Charge Katlicherra Police Station on 10. 5. 1994 alleging that at about 8 A. M. that morning while he along with his father, paternal uncle and brothers were ploughing their land the accused appellants along with 13 others forming an unlawful assembly and armed with deadly weapons trespassed thereon and in a body attacked them as a result whereof, the informant along with one Kutub Ali, Asab Ali, Moinul Haque, Surman Ali, Ibrahim Ali, Jakir Hussain, Nekmula Bibi and Kamlarunnesa sustained serious injuries. It was alleged in the FIR that the accused persons had attacked with the intention to murder all of them.
(3.) ON the said information Katlicherra P. S. Case No. 77/94 under Sections 147/148/149/447/325/326/307 of the Code was registered and on completion of the investigation, charge sheet was laid against the accused appellants and eight others. All the charge sheeted accused persons having been committed to the Court of Sessions for trial, charges with different heads against them were framed by the learned Sessions Judge, Hailakandi, on 18. 2. 2000. To be specific, the learned Court below arraigned the accused persons under Sections 148/149/323/325/302 of the Code. The charges having been denied on being explained to the accused persons, the prosecution took to trial in course of which it examined 13 witnesses. A number of documents were also exhibited. The statements of the accused persons were thereafter recorded under Section 313 of the Code. They, however, declined to adduce evidence in defence.;