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2024 Supreme(Gau) 1790

MANISH CHOUDHURY, ROBIN PHUKAN
Parbina Begum – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I.A. Hazarika, Amicus Curiae
For the Respondents:B. Bhuyan, Senior Advocate & Additional Public Prosecutor and M. Chakraborty, Adv.

JUDGMENT :

Manish Choudhury, J.

1. The instant criminal appeal from jail under Section 374[2], Code of Criminal Procedure, 1973 ['CrPC', for short] is directed against a Judgment and Order dated 27.10.2017 passed by the learned Additional Sessions Judge no. 1, Nagaon, Assam ['the trial court', for short] in Sessions [T1] Case No. 361[N]/2012. It needs mention that two accused persons including the present accused-appellant, stood the trial in Sessions [T1] Case no. 361[N]/2012 for a charge under Section 302, Indian Penal Code ['IPC', for short] read with Section 34, IPC. By the Judgment dated 27.10.2017, both the accused persons including the present accused-appellant, had been convicted under Section 302, IPC read with Section 34, IPC. By separate Orders on sentence dated 30.10.2017, each of two accused persons had been sentenced to undergo rigorous imprisonment for life each and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for 6 [six] months each.

2. We have heard Mr. I.A. Hazarika, learned Amicus Curiae for the accused- appellant; and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. M. Chakra

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