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2022 Supreme(SC) 1065

AJAY RASTOGI, B. V. NAGARATHNA
Md. Jabbar Ali – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. Raj Kishor Choudhary, AOR, Mr. Shakeel Ahmed, Adv., Mr. Anupam Bhati, Adv., Mr. Nakul Chaudhary, Adv.
For the Respondent: M/S. Corporate Law Group, AOR, Mr. Shuvodeep Roy, AOR, Mr. Kumar Arnav Singhdeo, Adv.

JUDGMENT :

Nagarathna, J.

1. These Criminal Appeals have been filed assailing the common impugned judgment and order dated 21.08.2009 passed by the Gauhati High Court in Criminal Appeal No. 48 of 2007 by which the judgment of conviction dated 29.12.2006 and order of sentence dated 30.12.2006 passed in Special Case No.46 of 2004 by the Court of Additional Sessions Judge, Fast Track Court, Barpeta (‘Fast Track Court’, for the sake of convenience) has been upheld by dismissing the aforesaid appeals and consequently confirming the conviction of all the accused persons.

2. Since both the criminal appeals arise out of a common impugned judgment, these appeals were heard together and are being disposed of by this common judgment.

3. For the sake of convenience, the parties shall be referred to as per their rank before the Fast Track Court.

4. The Fast Track Court vide its judgment dated 29.12.2006 convicted the appellants herein viz., Md. Yunush Ali (accused No.1), Md. Hasan Ali (accused No.2), Md. Omar Ali (accused No.3), Md. Jabbar Ali (accused No.4), Md. Tabibor Rahman (accused No.5), Mustt. Hazerabhanu (accused No.6), Mustt. Chandrabanu (accused No.7), Md. Moyan Ali (accused No.10) and Md.


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