MD MIRAJUDDIN AHMED Vs. STATE OF ASSAM
LAWS(GAU)-2019-8-70
HIGH COURT OF GAUHATI
Decided on August 01,2019

Md Mirajuddin Ahmed Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.)I have heard Ms. B Sarma, learned Amicus Curiae appearing for the appellant and also heard Mr. BJ Dutta, learned Additional Public Prosecutor, Assam.
(2.)The appellant, Md. Mirajuddin Ahmed faced the trial under Section 326/307 IPC read with Section 27(1) of Arms Act before the court of learned Additional Sessions Judge (FTC), Sivsagar and at the conclusion of the trial he was convicted under said section of law and sentenced RI for 7 years and fine of Rs.20,000/- in default RI for six months under Section 326 IPC. He further sentenced to RI for ten years with a fine of Rs.30,000/- in default RI for six months under Section 307 IPC. Further, he was sentenced to RI for seven years and fine of Rs.20,000 under Section 27(1) of the Arms Act in default RI for three months.
(3.)The prosecution case in a nutshell is that on 05.02.2014 at the evening hour at about 8.15 pm while Asifur Rahman was waiting near the Employment Exchange of Sivsagar along with three friends having conversation, suddenly the accused person arrived at that place and after some conversation between the parties the accused suddenly pull up his pistol and made a gunshot upon Asifur Rahman, as a result of which he sustained gun injury at his legs. People gathered there apprehend the accused along with the pistol. Police had also arrived and the injured was shifted to AMCH, Dibrugarh and gun was seized from him. On the facts, an ejahar was lodged by his brother on 06.02.2014 and on the basis of which Sivsagar PS Case No.152/2014 under Section 326 (307) IPC read with Section 25(a)/27(2) Arms Act was made. As accused was apprehended so he faced the trial from behind the bar.


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