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2023 Supreme(Gau) 909

MICHAEL ZOTHANKHUMA, MRIDUL KUMAR KALITA
Dipanjali Borgohain D/O Shri Hem Chandra Gohain – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Das
For the Respondent: Ms. S. Jahan, Additional PP

JUDGMENT :

M. Zothankhuma, J.

Heard Mr. A.K. Das, learned counsel for the appellant in Criminal Appeal No.311/2019; D.K. Bhattacharyya, learned counsel for the appellant in Criminal Appeal No.305/2019 and Mr. A. Khanikar, learned counsel for the appellant in Criminal Appeal No.365/2019. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the respondents.

2. The appellants have filed the above three appeals under Section 374(2) Cr.P.C. against the judgment dated 04.07.2019 passed by the learned Sessions Judge, Dhemaji in Sessions Case No.127(DH)/2011 arising out of Dhemaji P.S. Case No.202/2004. The appellants Smt. Dipanjali Borgohain, Shri Lila Gogoi and Shri Jatin Dowari in Criminal Appeal No.311/2019 and appellant Muhi Handique in Criminal Appeal No.305/2019 have been convicted and sentenced under :-

    (i) Section 302 IPC read with Section 120B IPC;

(ii) Section 323 IPC read with Section 120B IPC;

(iii) Sections 3(a) and 4(b)(i) of the Explosive Substances Act read with Section 120B IPC and

(iv) Section 10(b)(i) and 13(1)(a) of the Unlawful Activities (Prevention ) Act, 1967 (hereinafter referred to as “the 1967 Act”). The appellant Hemen Gogoi in Criminal Appeal No.365/2019

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