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2012 Supreme(Gau) 459

P.K.MUSAHARY
Abdul Kayyum – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. H.R. A. Choudhury, Sr. Advocate and Mr. F.U. Bhuyan
For Respondents/Defendant: Mr. K. Munir, Addl.PP

JUDGMENT

P. K. Musahary, J.

1. This appeal has been preferred against the judgment and order dated 28.4.04 rendered by the learned Ad-hoc Additional Sessions Judge, Hojai, Sankardev Nagar in GR Case No. 793/98 convicting all the appellants under Sections 147/148/447/448/427 IPC and sentencing each of them to pay a fine of Rs. 500/-, in default R.I. for one month under Section 147 IPC, fine of Rs. 1000/-, in default R.I. for 3 months under Section 148 IPC fine of Rs. 200/-, in default R.I. for 15 days under Section 447 IPC fine of Rs. 1000/-, in default R.I. for 3 months under Section 448 and to suffer R.I. for 3 months and fine of Rs. 1000/-, in default R.I. for one month under Section 427 IPC. The appellants No. 1 to 8 were also convicted under Section 380 IPC and sentenced each of them to undergo R.I. for 3 years and to pay fine of Rs. 1000/- in default R.I. for 3 months. The brief facts of the prosecution case are that on 18.10.98 at about 9 A.M an Ejahar was lodged by one Ismail Ali alleging that a group of 47 persons armed with deadly weapons demolished the house of said Ismail Ali and looted away all the household articles from his house on 17.10.98 at 10/10.30 P.M. The police


















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