JAGADISH DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Dutta, learned counsel for the appellant in Crl.A.177/2016; Mr. T.H. Hazarika, learned counsel for the appellant in Crl.A.329/2018; Mr. A. Ganguly, learned counsel for the appellant in Crl.A.7/2019; Mr. Azad Ahmed, learned Amicus Curiae in CRL.A.(J) 89/2019 and Mr. Mrinmoy Dutta, learned Amicus Curiae in CRL.A.(J)90/2019. Also heard Ms. B. Bhuyan, learned Senior counsel as well as the Additional Public Prosecutor, Assam for the State.

(2.) These five appeals, namely, Crl. Appeal 177/2016 filed by Jagadish Deori, Crl. Appeal 329/2018 filed by Babul Bora @ Boxon, Crl. Appeal 7/2019 filed by Punaram Kurmi, Crl. A (J) 89/2019 filed by Kano Bora @ Baba Gogoi and Crl. A (J) 90/2019 filed by Ghuron Gorh have been tagged and heard together as these appeals arose out of the same judgment dtd. 3/12/2014 rendered by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No.89(NL)/2011 by which the five appellants have been convicted for committing offence under Ss. 342/323/302/34 of IPC acquitting one of the co-accused, Bijoy Pagag, of the aforesaid charges.

(3.) As we proceed to examine the grounds raised in this batch of appeals, it will be appropriate to briefly refer to the basic facts and evidences, which have been brought on record.