JUDGMENT :

Kardak Ete, J.

Heard Mr. N.N.B. Choudhury, learned counsel representing the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State of Assam. Ms. Hira Baruah Barman was appointed as legal aid counsel for the respondent No. 2 vide order dated 02.09.2021. However, the learned legal aid counsel is absent.

2. This Criminal Appeal has been preferred by the appellant against the judgment and order dated 07.06.2017 passed by the Court of Sessions Judge, Barpeta, Assam in Sessions Case No. 296/2012, whereby the convicts, Shri Mukul Deka and Shri Dipankar Deka have been convicted under Section 34 1 /302/34 IPC, 1860 and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 10,000/-(Rupees Ten Thousand) each, in default to undergo Rigorous Imprisonment for another 6 (six) months each for the offence under Section 302 /34, IPC and to undergo Simple Imprisonment for 1 (one) month each for the offence under Section 34 1 /34 IPC.

3. Be it noted that conviction and sentence of Mr. Dipankar Deka was set aside by the Coordinate Bench of this Court vide Judgment and Order dated 06.02.2020 on the ground that the appellant/convict, Mr. Dipank