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2023 Supreme(SC) 281

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Pulen Phukan – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Chandra Bhushan Prasad, AOR
For the Respondent(s): Mr. Debojit Borkakati, AOR

JUDGMENT :

VIKRAM NATH, J.

1. The Appellants have assailed the correctness of judgment and order dated 21.11.2015 passed by Gauhati High Court in Criminal Appeal No. 113/2014 - Pulen Phukan and 10 others versus State of Assam whereby the appeal was dismissed confirming the judgment and order of Trial Court i.e. Sessions Judge at Dibrugarh passed in Sessions Case No. 27 of 2000 whereby 11 accused were convicted under Sections 147/148/447/323/302/149 of Indian Penal Code, 18601 [IPC] and sentenced to Rigorous Imprisonment for life under Section 302/149 IPC and Rigorous Imprisonment for six months under Sections 147/148/447/323 IPC. Further a fine of Rs. 1,000/- was imposed on each of the 11 accused and in default of payment of fine, to undergo further one-month Rigorous Imprisonment.

2. It would be relevant to note here that although trial was conducted against 11 out of 13 accused and all of them were convicted and sentenced as above, all the 11 convicted accused had preferred an appeal before the High Court which had been dismissed. However, before this Court only four of such accused have preferred an appeal, namely, Pulen Phukan (accused no. 1), Jiten Phukan (accused no. 3), Mridul


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