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2017 Supreme(Gau) 715

MIR ALFAZ ALI
EJJADUR RAHMAN SON OF SIRAJ UDDIN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates Appeared:
For the Petitioner: Mr. SC Biswas
For the Respondent: Ms. S Jahan (Addl. PP, Assam)

JUDGMENT & ORDER :

Heard Mr. SC Biswas, learned counsel for the revision petitioner and Ms. S Jahan, learned Addl. PP, Assam.

2. This revision is directed against the judgment and order dated 14-06-2002 passed by learned Sessions Judge, Karimganj in Criminal Appeal No.11(2)/1999 dismissing the appeal and upholding the conviction and sentence of the revision petitioners in GR Case No.163/1992, whereby the revision petitioners were convicted under Section 323/326 IPC and sentenced to imprisonment for 3 (three) years and to pay a fine of Rs.5,000/- with default stipulation under Section 326 IPC and also imprisonment for 3 (three) months under Section 323 IPC.

3. The prosecution case as unfolded during trial in a nut-shell is that on 28-02-1992, when Mustafa Ahmed (Pw-5) was coming out of the mosque, accused Sultan Ahmed Nitu Mia @ Ijjadur Rahman and Siraj Uddin assaulted him with dao and dagger causing multiple injuries to Pw-5. The FIR was lodged by Jalal Ahmed, Pw-3. On the basis of the said FIR, police registered a case and on completion of investigation, submitted charge-sheet against the revision petitioner Sultan Ahmed and Nitu Mia. In course of trial, the prosecution examined 7 (s


























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