AZIZUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the appellant who is led by Mr. H. R. A. Choudhury, learned Senior Counsel. Also heard Dr. B. N. Gogoi, Amicus Curiae as well as Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

(2.) This Jail Appeal has been preferred against the judgment and order dtd. 20/12/2018 passed by the Court of learned Additional Sessions Judge, Bilasipara in Sessions Case No. 02/2018, whereby the present appellant, namely, Azizul Hoque @ Batchu was convicted under Sec. 392/302/201 of IPC and was sentenced to rigorous imprisonment for life and to pay a fine of Rs.25,000.00 in default to undergo rigorous imprisonment for one year under Sec. 302 of IPC. He was further sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs.5,000.00 in default to undergo another 6 months rigorous imprisonment under Sec. 392 of IPC. He was also sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs.2,000.00 in default to undergo rigorous imprisonment for 3 months under Sec. 201 of the IPC. All the sentences were directed to run concurrently.

(3.) The facts relevant for adjudication of this appeal, in brief are as follows: