MAHENDRA YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. Deuri, learned counsel for the appellant as well as Mr. M. Phukan, learned A.P.P. for the State.

(2.) At the time of hearing of the connection application under section 389 Cr.P.C., the learned counsel for the appellant had submitted on 11.08.2020 that on the basis of his submissions in support of the said application, the Court may also consider hearing this appeal on merit, as such, we had permitted the learned counsel for the appellant to submit the written synopsis of his argument with an advance copy to the learned A.P.P., which was accordingly filed. Hence, with consent from both sides, the matter was heard on 19.08.2020.

(3.) This appeal under Section 274(2) of the Criminal Procedure Code is directed against the judgment, order and sentence dated 30.03.2019, passed by the learned Additional Sessions Judge (FTC) No.2, Tinsukia in Sessions Case No. 114(T)/2011, thereby convicting the appellant under Sections 302 and 201 I.P.C. The appellant was sentenced for life imprisonment and fine of Rs.10,000/- under section 302 IPC and for 3 years and fine of Rs.10,000/- under section 201 IPC. In his default to pay fine, the appellant was ordered to suffer rigorous imprisonment for another 1 year. The sentence was ordered to run concurrently.