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2022 Supreme(Gau) 331

SUMAN SHYAM, MALASRI NANDI
Fakhar Uddin S/o Late Suraj Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. T.J. Mahanta
For the Respondents: Ms. B. Bhuyan

JUDGMENT :

Malasri Nandi, J.

1. Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. A. Das, learned counsel for the appellants. We have also heard Ms. B. Bhuyan, learned senior counsel assisted by Ms. B. Bora, learned counsel representing the State respondent.

2. The instant appeal has been preferred by the accused/appellants being aggrieved and dissatisfied with the Judgment of conviction dated 23/12/2014 passed by the Learned Additional Sessions Judge, Karimganj in Sessions Case no 85/2011 whereby the Learned Trial Court had convicted the appellants u/s 302/149 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs. 50,000/-each in default to undergo rigorous imprisonment for one year each. They were further sentenced to undergo rigorous imprisonment for 3 years for committing the offence u/s 148/149 IPC. All the sentences were directed to run concurrently.

3. The brief facts of the prosecution case is that the informant Kalam Hussain lodged an Ejahar on 07/11/2009 before the O/C, Ratabari P.S. stating inter alia that on 04/11/2009 around 7 A.M. the accused persons namely Suruj Ali, Fakharuddin, Jalaluddin, Haris Ali, Joinul Haque and Hussain Ahmed a

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