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2021 Supreme(Gau) 9

SUMAN SHYAM, MIR ALFAZ ALI
Raizuddin Ahmed @ Md. Riazuddin Sheikh S/o Jamal Miah – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.A Ahmed
For the Respondent: Mr. M Phukan, Addl. PP

JUDGMENT :

Suman Shyam, J.

Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel appearing for the appellants in Crl. Appeal No.300/2017. We have also heard Mr. B.M. Choudhury, learned counsel appearing for the appellants in Crl. Appeal No.318/2017. Mr. M. Phukan, learned Additional Public Prosecutor, Assam, is present on behalf of the State in both the appeals. None has appeared for the informant.

2. The aforementioned appeals arise out of the judgment and order dated 16.06.2017 passed by the Court of learned Sessions Judge, Goalpara in connection with Sessions Case No.223/2012. There were 16 charge-sheeted accused persons out of which, one accused viz., Md. Abdus Sattar Ahmed died. The remaining 15 accused persons had faced trial. By the judgment and order dated 16.06.2017 passed by the learned Sessions Judge, Goalpara, the 10 appellants in Criminal Appeal No.300/2017 and the 2 appellants in Criminal Appeal No.318/2017 had been convicted under Sections 147/341/323/307/302 read with Section 149 of the Indian Penal Code. Accordingly, the learned Sessions Judge, Goalpara had sentenced the accused persons, viz., Yousuf, Raijuddin @ Raju, Saizuddin,

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