BUDHESWAR SAIKIA SIVASAGAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned amicus curiae appearing for the accused/appellant in Criminal Appeal (J) No. 5/2019 and Mr. U.C. Rabha, learned counsel appearing for the accused/appellant in Criminal Appeal No. 30/2019. Also heard Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent No. 1 as well as Mr. C. Baruah, learned counsel appearing for the informant/respondent No. 2.

(2.) As the above two appeals are directed against the same judgment and order, this Court proposes to pronounce this common judgment and order.

(3.) This Jail Appeal is preferred against the judgment and order, dated 18.09.2018, passed by the learned Addl. Sessions Judge, Sivasagar in Sessions Case No. 24(S-S) 2012, whereby each of the accused/appellants is convicted and sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.5,000/- in default to undergo rigorous imprisonment for 3 months under Sections 325/34 of the IPC and further, to undergo rigorous imprisonment for 7 years and to pay fine of Rs.10,000/- in default to suffer rigorous imprisonment for 6 months under Sections 307/34 of the IPC.