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2021 Supreme(Gau) 264

MIR ALFAZ ALI, MANISH CHOUDHURY
Md Abdul Azit – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
A.K. Bhattacharyya, Advocate

JUDGMENT

Manish Choudhury, J. - Both these appeals -Crl. Appeal no. 158/2018 & Crl. Appeal no. 222/2018 -under Section 374 (2), Code of Criminal Procedure, 1973 ('the Code' and/or 'CrPC', for short) are preferred by four accused-appellants viz. (1) Mafizuddin, (2) Saiful Islam, (3) Abdul Azit and (4) Nobi Hussain against the judgment and order dated 31.03.2018 passed by the learned Sessions Judge, Morigaon in Sessions Case no. 46/2012, arising out of G.R. Case no. 822/2011. By the judgment and order dated 31.03.2018, all the accused-appellants have been convicted under Sections 302/34, Indian Penal Code (IPC) and they all have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- (Rupees twenty five thousand) each, in default, to undergo further term of simple imprisonment of 6 (six) months each.

2. It was on 02.09.2011, one Ms. Asma Begum [P.W.2], daughter of Amsar Ali, resident of Baralimari (Goriapatti), Police Station -Bhuragaon, District -Morigaon lodged an Ejahar before the Officer In-Charge, Bhuragaon Police Station stating inter-alia that on 30.08.2011 last, an altercation ensued between her father, Amsar Ali and the accused-appellant, Nob

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