JUDGMENT :

Suman Shyam, J

1. This appeal has been instituted by the Central Bureau of Investigation (CBI) with the leave of this Court, assailing the judgment and order of acquittal dated 22/07/2017 passed by the Court of learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati, in connection with Sessions case No. 9/1999.

2. Heard Mr. R.K.Dev Choudhury, learned Assistant Solicitor General of India (ASGI), appearing for the appellant. We have also heard Mr. A.K. Bhattacharya, learned senior counsel assisted by Mr. B.K. Singh and Mr.D.K. Bhattacharya, learned counsel for the respondent no.1 as well as Mr. D.K. Mishra, learned senior counsel assisted by Mr. A. Shandilya, learned counsel for the respondent no. 2.

3. The facts and circumstances leading to filing of the present appeal may be briefly noticed as follows :On 31/07/1995, at about 10-15 p.m., unidentified gunman shot dead Smt. Karabi Das and grievously injured her daughter Dubori Das @ Chandrani Dharitri Das at their rented house situated at Ambari, behind the AGP Office complex. Karabi Das died on the spot whereas her injured daughter Dubori Das succumbed to her bullet injuries a few minutes later while undergoing treatmen