STATE OF ASSAM Vs. BISHNU PRASAD SINHA

JUDGEMENT

(1.) By this common judgment, we propose to dispose of Criminal Death Reference No. 1/2005, Criminal Appeal No. 20(J)/2005 and Criminal Appeal No. 21 (J) 2005.

(2.) The Criminal Death Reference has arisen out of the judgment of conviction and sentence awarded in Sessions Case No. 198(K)/2002. The learned Sessions Judge, Kamrup, Guwahati on conclusion of trial in the aforesaid case, convicted the appellants namely, Sri Bishnu Prasad Sinha and Sri Putul Bora under Sections 376(2)(g)/302/201 read with Section 34 of the Indian Penal Code and sentenced both of them to be hanged by neck until death. The learned Sessions Judge made the reference under Section 366 of the Code of Criminal Procedure for confirmation. Criminal Appeal No. 20(J)/ 2005 has been preferred by the accused Sri Bishnu Prasad Sinha whereas Criminal Appeal No. 21(J)/2005 has been preferred by Sri Putul Bora challenging the aforesaid judgment.

(3.) We have heard Mr. P. Kataky, learned amicus curiae in Criminal Appeal No. 20(J)/2005 and Ms. S.D. Baruah, learned amicus curiae in Criminal Appeal No. 21(J)/2005 and Mr. P. Bora, learned Public Prosecutor, Assam.