(1.) Heard Mr. N.N.B. Choudhury, learned counsel representing the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State of Assam. Ms. Hira Baruah Barman was appointed as legal aid counsel for the respondent No. 2 vide order dtd. 2/9/2021. However, the learned legal aid counsel is absent.
(2.) This Criminal Appeal has been preferred by the appellant against the judgment and order dtd. 7/6/2017 passed by the Court of Sessions Judge, Barpeta, Assam in Sessions Case No. 296/2012, whereby the convicts, Shri Mukul Deka and Shri Dipankar Deka have been convicted under Sec. 341/302/34 IPC, 1860 and sentenced to undergo Life Imprisonment and to pay a fine of 10,000/- (Rupees Ten Thousand) each, in default to undergo Rigorous Imprisonment for another 6 (six) months each for the offence under Sec. 302/34, IPC and to undergo Simple Imprisonment for 1 (one) month each for the offence under Sec. 341/34 IPC.
(3.) Be it noted that conviction and sentence of Mr. Dipankar Deka was set aside by the Coordinate Bench of this Court vide Judgment and Order dtd. 6/2/2020 on the ground that the appellant/convict, Mr. Dipankar Deka was juvenile on the date of commission of the offence and the matter has been remanded to the Juvenile Justice Board to proceed in accordance with law.
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