MIJUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal was directed against the judgment and order dated 4.10.93 passed by Sri M.M. Sarkar, Sessions Judge, Barpeta, Assam in sessions Case No. 6/89 convicting the accused appellants under Section 302/34 ofthe IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each, in default, further rigorous imprisonment for three years.

(2.) We have heard Mr. J.M. Choudhury, the learned senior counsel for the appellants and also Mrs. K. Deka, learned PP, Assam.

(3.) The appeal was initially disposed of by a Division Bench of this Court on 23.9.94 reversing the judgment ofthe learned Sessions Judge and acquitting the appellants. The complainant preferred Criminal Appeal No. 1899/96 before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated April 4, 2000 set aside the judgment of reversal passed by this Court and remanded the appeal for hearing and disposal afresh. The Hon'ble Supreme Court passed the order of remand with the observation that the High Court had gone into the question of identification ofthe accused persons in a case where identification is not challenged. On this background, this court is to proceed with the appeal.