N. Chaudhury, J.

In this appeal, acquittal of the accused persons from charges under sections 457, 354, 323 read with section 149 of the IPC vide judgment and order dated 20.12.2012 by learned Sessions Judge, Dhubri has been questioned. The aforesaid case was tried analogously with Sessions Case No. 120/2006 under sections 149, 342, 323, 302 of the IPC.

2. The prosecution story is that one Abdul Momin Khandakar, as informant, lodged an ejahar with Officer In-charge of Mankachar Police Station on 16.06.2005 alleging that at around 1.00 A.M. on 15.06.2005, the accused persons named therein forcibly entered into the room of Gulzar Ali’s younger sister Ms. Mahiran Begum (Parveen) by breaking upon the door and tried to kidnap her. The family members resisted the accused persons whereupon the accused persons inflicted grievous injuries on the persons of Abdur Rahim, Abdul Baten (appellant herein), Hanufa Khatoon and Motaleb by stabbing them with daggers. They were taken to Gajarikandi Health Centre and they were treated there. Failing in their bid to kidnap Mahiran Begum (Parveen), the accused persons looted various household articles, ornaments and money. As many as 15 n