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2023 Supreme(Gau) 581

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Sirlu Orang, S/o. Birsha Orang – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent


Advocates Appeared:
For the appellants : Mr. P. Kataki.
For the respondents: Ms. S. Jahan.

JUDGMENT :

(M. Zothankhuma, J.)

1. Heard Mr. P. Kataki, learned counsel for the appellants in Crl.A. No.142/2020 and Crl.A. No.123/2020. Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent no.1.

2. The Crl.A. No.142/2020 has been filed four appellants, while Crl.A. No.123/2020 has been filed by the sole appellant against the same impugned judgment dated 12.02.2020 passed by the Court of the Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No.249/2016, by which the appellants have been convicted under Sections 302/149 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- each, in default to suffer rigorous imprisonment for 3 (three) months. They were also convicted under Section 148 of IPC and sentenced to undergo R.I. for 1 (one) year and to pay a fine of Rs.2000/-each, in default to suffer R.I. for three months. The sentences were to run concurrently.

3. The prosecution’s case in brief is that an FIR dated 24.04.2013 was submitted by PW-2, to the effect that on 24.04.2013 at around 8 a.m., when P.W-2 and her husband were ploughing their land with a tractor, the appellants along with to two other persons, namely Put

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