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2018 Supreme(Gau) 626

UJJAL BHUYAN, NELSON SAILO
Md. Abu Zafar – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Ms. R. Dutta,
For the Respondent: Mr. H. Sharma, P.P. Assam

JUDGMENT & ORDER :

N. SAILO, J.

1. This criminal appeal is filed by the accused convict Abu Jaffar (the appellant) against the Judgment dated 09.03.2004 passed by the learned Sessions Judge, Dhubri in Sessions Case No.106 of 2002 convicting the appellant and another co-accused U/s 341/302/34 of the IPC and sentencing them to imprisonment for life with a fine of Rs.2000/- each and in default, a further rigorous imprisonment for one year. It may be noticed that although the judgment was passed on 09.03.2004, the appellant on account of his illiteracy claimed lack of knowledge that an appeal could be preferred while in custody. Therefore, having come to learn the same belatedly, he submitted an application for legal aid before the jail authorities which was then forwarded to the High Court Legal Aid Committee on 19.12.2013. Thereafter, the appellant upon being given legal aid counsel, the instant appeal was filed with a separate application for condoning 4189 days delay in preferring the appeal. The application registered as I.A. No.776 of 2016 was allowed vide order dated 02.03.2016 and that is how, the appeal has now come up for consideration.

2. Ms. R Dutta the learned counsel appears





























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