(1.) This bunch of criminal appeals have been filed against the judgment and order dated 18.12.2013 passed by the learned Additional Sessions Judge, Sonitpur at Tezpur in Sessions Case No.04/2005 convicting the appellants under Sections 147/148/323/448/302 IPC read with Section 149 IPC and sentencing them to undergo rigorous imprisonment (RI) for life with fine of Rs.10,000 each for conviction under Section 302 IPC read with Section 149 IPC; RI for 3 years for conviction under Section 448 IPC read with Section 149 IPC; RI for 6 months for the offence under Section 323 IPC read with Section 149 IPC; RI for 3 months for the offence under Section 147 IPC read with Section 149 IPC and RI for 6 months with fine of Rs.500/- and in default, further RI for 1 month for the offence under Section 148 IPC read with Section 149 IPC.
(2.) We have heard Mr. A.K. Bhatta-charjee, learned Senior counsel for the appellants in Criminal Appeal No.54/2014, Mr. Kamal Agarwal, learned Senior counsel for the appellants in Criminal Appeal Nos.47 and 48/2014, Mr. H.R.A Choudhury, learned Senior counsel for the appellants in Criminal Appeal No.17/2014, Mr. A.M. Bujarbaruah, learned Senior counsel for the appellant in Criminal Appeal No.57/2014, Mr. B.M. Choudhury, learned counsel for the appellant in Criminal Appeal No.67/2014, Mr. A.M. Bora, learned counsel for the appellant in Criminal Appeal No.50/2014 and Mr. A. Ganguly, learned counsel for the appellants in Criminal Appeal No.71/2014. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent, State of Assam.
(3.) Prosecution case in brief is that on 05.03.2003 at about 8.45 pm, PW1 Md. Afruj Hussain arrived at the Tezpur Police Station compound in a TATA Sumo vehicle bringing with him his brother Md. Ejaj Hussain @ Bittu in a blood smeared condition. PW1 verbally informed the police that on that day, i.e., on 05.03.2003 at about 8.10 pm, while he was in Himalayan Holidays' counter, some miscreants armed with sharp weapons grievously injured his brother Md. Ejaj Hussain by stabbing and hacking him on his head and abdomen. Finding the condition of the injured to be very serious, injured was sent to Kanaklata Civil Hospital by the said TATA Sumo itself. Emergency Officer of the Police Station SI Nagen Saikia was directed to make necessary medical requisition for treatment of the injured and also to take necessary steps as per law. The above information was duly received whereafter General Diary Entry was made to that effect, being GD Entry (GDE) No.247 (Exhibit-15).
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