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2023 Supreme(Gau) 1171

MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Prabitra Das – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Borgohain, N.J. Gogoi.
For the Respondent: B. Bhuyan.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. S. Borgohain, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent.

2. The appeal has been filed against the impugned judgment dated 12.06.2015, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 139/2003, by which the two appellants have been convicted under Sections 302/34 IPC and have been sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- each, in default simple imprisonment for 2 (two) months. They were also convicted and sentenced to undergo simple imprisonment for a period of 1 (one) month under Sections 323/34 IPC and simple imprisonment for 15 (fifteen) days under Sections 341/34 IPC.

3. The brief facts of the case is that the two appellants in this case and one Pranabjyoti Das had been convicted under Sections 341/323/302/34 IPC vide judgment dated 27.02.2007, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 139/2003.

4. The appellants and Pranabjyoti Das thereafter filed Criminal Appeal No. 76/2007 before this Court. Criminal Appeal No. 76/2007, which was disposed of vide order dated 05.12.2012,

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