The prosecution failed to establish beyond reasonable doubt the guilt of the accused due to significant inconsistencies and contradictions in witness testimonies.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. V. A. Choudhury, learned counsel for the respondent in Crl.A./79/2009; Mr. B. M. Choudhury, learned Counsel for the appellant in Crl.A./16/2009; Ms. B. Sarma, learned Counsel for the petitioner/informant in Crl.Rev.P./101/2009 and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

2. These three revision/appeals are taken up together as the challenge made in this revision and the appeals are the same Judgment and Order dated 28.01.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Cachar, Silchar in Sessions Case No. 118/06 (GR Case No. 674/04).

3. By the aforesaid Judgment and Order dated 28.01.2009, the appellants namely, Md. Mubseswar Ali Sheikh @ Muboi, Md. Watir Ali @ Atu, Md. Numanuddin and Md. Abdul Monaf @ Monaf, were convicted under Sections 147 /436/149 of the IPC and they were sentenced to undergo Rigorous Imprisonment for 1 (one) year under Section 147 of IPC and Rigorous Imprisonment for 5 (five) years under Sections 436 /149 IPC and to pay a fine of Rs. 2,000/- (Rupees Two Thousand) each only and in default to undergo further Rigorous Imprisonment for another 6 (six) months. The sentences were to run concurrently.

4. The four persons acquitted by the learned trial Court who are, Eklash Uddin (respondent No.8), Azir Uddin (respondent No. 9), Bulur Uddin (respondent No. 4) and Amir Ali (respondent No. 14), in Crl.Rev.P No. 101/2009 has in the meantime expired and therefore, the revision as well as State appeal is abated against them.

5. The prosecution was launched on the basis of an FIR by one Musstt. Kulsuma Bibi (petitioner in Crl.Rev.P./101/2009) on 16.03.2004 before the Katigorah police station, inter-alia, alleging that on 16.03.2004 at about 09:00 AM, the accused named in the FIR armed with deadly weapons forming an unlawful assembly forcefully entered into the house of the informant and thereafter, they sprinkled kerosene oil and petrol over the residential house. Accused No. 10 namely, Atu @ Watir Ali set her house on fire. It was further alleged that when her daughter in law Hayaton Nessa resisted, the accused No. 3, namely Tamiz Uddin, grievously injured her with the rod in his hand. On the basis of the aforesaid FIR, Katigorah Police Station Case No. 108/04 under Section 147 /149/447/436/325 of IPC was registered.

6. The investigating officer thereafter, started the investigation and after completion of the investigation, laid charge sheet being CS No. 185 dated 29.07.2005 against 13 accused persons.

7. Initially, the charges were framed by the learned trial Court below under Section 147 /149/436 of IPC. However, it is to be noted herein that subsequently, the charges framed were amended and additionally, charges under Section 323 of IPC was added. The appellants did not plead guilty and accordingly trial was comments.

8. The learned trial Court below subsequently, added 4 (four) more accused persons in exercise of power under Section 319 Cr.P.C. Thus, total 17 (seventeen) accused persons were tried. Out of 17 (seventeen) accused, the appellants in Crl.A.No. 16/2009 as recorded hereinabove were only convicted and the rest of the accused persons were acquitted from the charges. Being aggrieved by such acquittal, the State has preferred the