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Showing contexts for: FTC Judges in Md. Amir Ali & 2 Ors vs The State Of Assam on 20 May, 2014Matching Fragments
These appeals are directed against the judgment and order dated 12.07.2010 passed by the learned Addl. Sessions Judge (FTC), Barpeta, in Sessions Case No.20/2007, convicting the appellants in Crl.A. No.161/2010 under Section 302/34 IPC and sentencing them to under rigorous imprisonment for life and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 3(three) months, as well as under Section 323/34 IPC and sentencing them to undergo simple imprisonment for 3(three) months, by acquitting Sri Akbar Ali, respondent No.1 in Crl.A. No.139/2014 (earlier registered as Crl.Rev.P. No.266/2011) from the charges framed under Section 302/323/34 IPC. Crl.A. No.161/2010 has been filed by the appellants Amir Ali, Siddique Ali and Golap Hussain, who were convicted under Section 302/34 IPC and 323/34 IPC, challenging the aforesaid judgment of conviction passed by the learned Addl. Sessions Judge (FTC), Barpeta. Crl.A. No.139/2014 has been filed by the first informant challenging the aforesaid judgment and order passed by the learned Addl. Sessions Judge (FTC) in so far as it relates to acquittal of Sri Akbar Ali, respondent No.1 therein, from the charges framed under Section 302/323/34 IPC.
4. The offence under Section 302 IPC being exclusively triable by the Court of Sessions, the learned Sub-Divisional Judicial Magistrate (Sadar), Barpeta, vide order dated 16.01.2007, committed the case to the Court of Sessions for trial. Accordingly Sessions Case No.20/2007 has been registered, which has been in due course of time transferred to the Court of the learned Addl. Sessions Judge (FTC) for trial and disposal. Charge under Section 147/148/302/323 read with Section 149 IPC was thereafter framed on 08.02.2007, against the appellants in Crl.A. No.161/2010 and Sarbat Ali and Anowar Hussain, which when read over and explained to them, they pleaded not guilty and claimed to be tried. Hence the trial commenced.
5. During trial and after recording the examination-in-chief of the first informant Md. Sukur Mamud (PW-1), an application was filed by the learned Addl. Public Prosecutor on 08.03.2007 to implead Akbar Ali, respondent No.1 in Crl.A. No.139/2014, as accused in the case and accordingly the learned Addl. Sessions Judge (FTC) vide order dated 18.09.2007 impleaded Akbar Ali as accused in the case, in exercise of the power conferred by Section 319 Cr.P.C., as PW-1 in the examination-in-chief has alleged commission of murder by Akbar Ali. The charges framed under Section 147/148/302/323 read with Section 149 IPC was thereafter framed against Akbar Ali on 10.01.2008, which when read over to him, he pleaded not guilty and claimed to be tried.
34. In view of the aforesaid discussion, Crl.A. No.161/2010 and Crl.A. No.139/2014 are dismissed. The impugned judgment and order dated 12.07.2010 passed by the learned Addl. Sessions Judge (FTC), Barpeta, in Sessions Case No.20/2007 is upheld.
35. Registry is directed to send down the records.
JUDGE JUDGE Roy