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2022 Supreme(Gau) 496

N.KOTISWAR SINGH, ARUN DEV CHOUDHURY
Md Iman Ali, Son Of Late Kuddush Ali. – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.C. Das, Sr. Advocate, Ms. K. Devi, Advocate.
For the Respondent:Ms. B. Bhuyan (Sr. Adv.), Ms. B. Borah, Advocate.

JUDGMENT :

N. Kotiswar Singh, J.

Heard Mr. B.C. Das, learned Senior counsel assisted by Ms. K. Devi, learned counsel appearing for the appellants. Also heard Ms. B. Bhuyan, learned Senior counsel as well as Additional Public Prosecutor, Assam assisted by Ms. B. Borah, learned counsel for the State/respondent No.1

2. In this appeal, the appellants have challenged the judgment dated 25.08.2015 passed by the learned Sessions Judge, Nagaon in Sessions (T-1) Case No. 233 (N) of 2005 under Section 302/34 IPC arising out of G.R. Case No.2113 of 2004 by which the appellants have been convicted under Section 302/34 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand) by each in default to undergo a further term of simple imprisonment of 1(one) year for the aforesaid offences.

3. As can be gathered from the records, it appears that the incident had occurred in the evening at around 6.15 P.M. of 19.12.2004 in which the deceased Nurul Islam was allegedly assaulted by the accused persons with sharp weapons in connection with which a General Diary (GD) Entry No.361 dated 19.12.2004 was made on the basis of which necessary investigati

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