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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1323 of 2011

Sujit Biswas

…Appellant

Versus

State of Assam

…Respondent

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

This appeal has been preferred against the judgment and order

dated 23.4.2010, passed by the High Court of Guwahati in Criminal

Appeal No. 13(J) of 2010 rejecting Death Reference No. 1 of 2010

made by the Additional Sessions Judge (FTC), No. 3, Kamrup,

Guwahati on 21.12.2009 in Sessions Case No. 309(K) of 2009,

convicting the appellant under Sections 376(2)(f) and 302 of the

Indian Penal Code, 1860 (hereinafter referred to as `the IPC’),

sentencing him to death. The High Court commuted the death

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JUDGMENT

sentence of the appellant to life imprisonment, with a direction that

the appellant would breathe his last in jail, and that he would not be

given the benefit of remissions etc. under Sections 432 and 433-A of

the Code of Criminal Procedure, 1973 (hereinafter referred to as the

`Cr.P.C.’).

2.

Facts and circumstances giving rise to this appeal are that:

A.

On