Md. Amir Hasan @ Amir Hasem S/o Late Umed Ali vs State of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 744

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Md. Amir Hasan @ Amir Hasem S/o Late Umed Ali – Appellant
Versus
State of Assam – Respondent

Advocates:
Advocate Appeared:
For the Appellant : S.G. Baruah.
For the Respondents: S. Jahan, B.M. Choudhury.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Ms. S.G. Baruah, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State respondent no. 1 as well as Mr. B.M. Choudhury, learned counsel for the respondent no. 2 (informant).

2. This criminal appeal has been preferred under section 374 of the Code of Criminal Procedure, 1973 by the appellants, namely, (i) Md. Amir Hasan @ Amir Hasem, (ii) Md. Idrish Ali, (iii) Md. Ruhul Amin (iv) Md. Nazimuddin and (v) Mustt. Rohima Khatun impugning the Judgment and Order dated 03.12.2019 passed by the Court of learned Additional Sessions Judge, (F.T.C.), Lakhimpur, North Lakhimpur in Sessions Case No. 05(NL)/2015, whereby, the present appellants were convicted under sections 302/149 of the Indian Penal Code and were sentenced to undergo imprisonment for life and also to pay a fine of Rs. 3,000/-, only each and in default of payment of fine to undergo rigorous imprisonment for another 6 (six) months each.

3. The facts relevant for adjudication of this appeal, in brief, are as follows:

(i) On 15.08.2010, one Md. Abdul Kuddush lodged an FIR before the In-Charge of Bangalmora Police Outpost, intera