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1993 Supreme(SC) 1028

G.N.RAY, K.JAYACHANDRA REDDY
Achyut Das – Appellant
Versus
State Of Assam – Respondent


Advocates:
ALPANA PODDAR, KAILASH VASUDEV, LIRA GOSVAMI, P.K.GOSWAMI, S.K.NANDY

JUDGMENT

K. Jayachandra Reddy, J. - Leave granted.

The two appellants alongwith seven others were tried for an offence punishable under Sections 395 read with 397, I.P.C. The gravamen of the charge against them was that on the intervening night of 29th and 30th July, 1979, the nine accused persons armed with lethal weapons attacked the persons who were travelling in a truck and robbed them of ornaments, cash and wrist watches. A case was registered and the police searched the houses of the two appellants and two others and recovered the alleged stolen articles. The trial court, however, acquitted five of the accused of all the charges but convicted the two appellants and two others under Section 412, I.P.C. and sentenced each of them to undergo R.I. for Seven years and to pay a fine of Rs. 1,000/- in default of payment of which to further undergo RI. for three months. The four convicted accused preferred an appeal to the High Court: The High Court acquitted the other two accused but confirmed the conviction of the two appellants and reduced the sentence to 11/2 years RI. and the sentence of fine was also reduced to Rs. 500/- in default of payment of which to further under go R.I. for



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