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2014 Supreme(Gau) 340

B.P.KATAKEY, M.R.PATHAK
Md. Abul Kasem – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
Crl.A. No.180 of 2011:
For the Appellants: Mr. H.R.A. Choudhury (Sr. Adv.) Mr. I.A. Hazarika, Mr. A. Matin, Ms. S.K. Nargis.
For the Respondent: Mr. D. Das, Addl.P.P., Assam.
Crl.A. No.217 of 2011:
For the Appellant: Mr. F.K.R. Ahmed, Mr. M.K. Hussain, Ms. S.K. Nargis, Ms. A. Neog, Ms. S. Oraon.
For the Respondents: Mr. D. Das, Addl.P.P., Assam.
Crl.A.(J) No.115 of 2011:
For the Appellant: Ms. S. Sarma, Amicus Curiae.
For the Respondents: Mr. D. Das, Addl.P.P., Assam.

JUDGMENT AND ORDER (ORAL)

[Katakey, J.]

These three appeals being against the common judgment and order dated 30.09.2011 passed by the learned Sessions Judge, Morigaon, in Sessions Case No.107/2006, are taken up together for hearing and disposal, as agreed to by the learned counsel appearing for the parties. By the aforesaid judgment and order the learned Sessions Judge, Morigaon, has convicted all the appellants, namely, Md. Abul Kasem, Nuruddin (appellants in Crl.A. No.180/2011), Hussain Ali (appellant in Crl.A. No.217/2011) and Abdul Jabbar (appellant in Crl.A.(J) No.115/2011) under Section 364A IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-; under Section 120B IPC and to undergo rigorous imprisonment for 5(five) years; under Section 121A IPC and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1(one) year; under Section 25(i)(a) of the Arms Act and to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 6(six) months and also under Section 4 and 5 of the Explosives Substances Act and to undergo rigorous impriso


























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