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2008 Supreme(Gau) 561

I.A.ANSARI
Rubul Ali – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. By judgment and order, dated 27.7.2007, passed, in GR Case No. 35/99, by the learned Sub-Divisional Judicial Magistrate, Rangia, the accused-petitioners along with two others, namely, Fakaruddin Ahmed and Bapan Ali, stood convicted under Sections 326 and 447 read with Section 34, IPC and each of them stood sentenced to undergo, for the conviction under Section 326 read with Section 34, IPC, rigorous imprisonment for a period of six months and pay fine of Rs. 2,000 and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month and each of them also sentenced, for their conviction under Section 447 read with Section 34, IPC, to pay fine of Rs. 300 and, in default of payment of fine, suffer simple imprisonment for a period of 15 days.

2. Aggrieved by their conviction and the sentences passed against them the accused-petitioner and the said Fakaruddin Ahmed and Bapan Ali preferred an appeal, which gave rise to Criminal Appeal No. 52/2007. By judgment and order, dated 11.7.2008, passed in Criminal Appeal No. 52/2007, aforementioned, the learned Additional Sessions Judge (FTC), Kamrup, held the appellants, Fakaruddin Ahmed and



























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