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2023 Supreme(Gau) 805

LANUSUNGKUM JAMIR, MRIDUL KUMAR KALITA
Azizul Hoque @ Batchu Dhubri, Assam – Appellant
Versus
State Of Assam, rep. By PP, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.R.A. Choudhury, Mr. A. Ahmed, Dr. B.N. Gogoi, Amicus Curiae.
For the Respondent: Ms. S. Jahan, PP, Assam.

JUDGMENT :

(Mridul Kumar Kalita, J.)

1. Heard Mr. A. Ahmed, learned counsel for the appellant who is led by Mr. H. R. A. Choudhury, learned Senior Counsel. Also heard Dr. B. N. Gogoi, Amicus Curiae as well as Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

2. This Jail Appeal has been preferred against the judgment and order dated 20.12.2018 passed by the Court of learned Additional Sessions Judge, Bilasipara in Sessions Case No. 02/2018, whereby the present appellant, namely, Azizul Hoque @ Batchu was convicted under Section 392/302/201 of IPC and was sentenced to rigorous imprisonment for life and to pay a fine of Rs. 25,000/-in default to undergo rigorous imprisonment for one year under Section 302 of IPC. He was further sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-in default to undergo another 6 months rigorous imprisonment under Section 392 of IPC. He was also sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 2,000/-in default to undergo rigorous imprisonment for 3 months under Section 201 of the IPC. All the sentences were directed to run concurrently.

3. The facts relevant for adjudic

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