SRIMUNINDRA KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Dhiren Chandra Chetia Phukan, learned counsel for the accused appellant and Mr. Makhan Phukan, learned Additional Public Prosecutor, Assam for the respondent State. The respondent No. 2, informant of the case, did not appear in the matter.

(2.) This criminal appeal has been filed by the accused appellant Sri Munindra Kumar being aggrieved with the judgment of conviction and sentence dtd. 11/3/2016 passed by the learned Additional Sessions Judge-1 (FTC), Tinsukia in Sessions Case No. 240 (T) of 2014, arising out of Baghjan Police Station Case No. 03/2011, (corresponding to G R Case No. 866/2011) whereby he has been convicted under Ss. 364/302/109/201/34 of the IPC and sentenced with (i) Life Imprisonment with a fine of Rs.30,000.00 for the offence under Sec. 302/34 IPC, in the event of non-payment of fine, to undergo another Rigorous Imprisonment for 6 (six) months; (ii) further sentenced with Rigorous Imprisonment for 10 (ten) years with a fine of Rs.10,000.00 for the offence under Sec. 364/34 IPC, in the event of non-payment of fine, to undergo another Rigorous Imprisonment for 3 (three) months; (iii) further sentenced with Rigorous Imprisonment for 3 (three) years with a fine of Rs.3,000.00 for the offence under Sec. 201 IPC, in the event of non-payment of fine to undergo another Rigorous Imprisonment for 1 (one) month and (iv) further sentenced with Life Imprisonment and a fine of Rs.30,000.00 for the offence under Sec. 109/34 IPC and in the event of non-payment of fine to undergo another Rigorous Imprisonment for 6 (six) months, where the sentences to run concurrently and the period of detention already undergone by him in custody to be set off against the aforesaid sentences of imprisonment as envisaged under Sec. 428 CrPC.

(3.) The accused named above earlier filed an appeal from Jail against the impugned judgment of conviction and sentence dtd. 11/3/2016 that was registered as Criminal Appeal No. 34 (Jail) of 2016. As the said accused subsequently preferred this appeal engaging his own counsel, his said Criminal Appeal No. 34 (Jail) of 2016 was closed and this appeal was taken up for consideration.