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1995 Supreme(Gau) 29

J.SANGMA, M.SHARMA
Rustam Ali and Ors. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
K.Deka, A.M.Majumdar, S.S.Dey, M.Nath, S.K.Noor Mohammad

J. Sangma, J.—

By judgment delivered on 20.5.93 in Sessions Case No.42/90 the learned Sessions Judge, Karimganj, (Shri IA Ansari) convicted and sentenced the appellants - (1) Rustom Ali, (2) Abdul Sattar, (3) Md. Makmad Ali, (4) Abdul JaMjar, (5) Md. Fachan Ali and (6) Maklis Ali under sectten 302/ 149 IPC for life. Further he convicted and sentenced Abdul Jabbar (appellant No. 4) and Maklis Ali (appellant No.6) under section 324 IPC to R1 for one year and convicted and sentenced Fachan Ali (appellant No. 5) under section 323 DPC to RI for 6 months. There was no sentence of fine. It was ordered that the sentences would run concurrently. All the appellants are serving the sentence in jail.

2. In brief the case for prosecution can be stated thus : On 10.3.85, Abdul Kadir (PW 4) complained to eldermen of village Jakiwalla that his elder cousin brother, Abdul Sattar (appellant No.2) played eve-teasing to his wife, Farzun Nessa. On that complaint the village elders called Abdul Sattar to appear before them at 9/9.30 AM of 11.3.88 for settlement by Bichar. So Abdul Kader and Abdul Sattar and their men came to the place of Bichar. Before starting Bichar, me eldermen (Mohammad, Insan, Yasin,






































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