SAHABUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present criminal appeal under Sec. 415, Bharatiya Nagarik Suraksha Sanhita [BNNS], 2023 is directed against a Judgment dtd. 12/12/2024 and an Order on Sentence dtd. 19/12/2024 passed by the Court of learned Sessions Judge, Charaideo at Sonari in Sessions [S-C] Case no. 12/2014. Three accused persons faced the trial in Sessions [S-C] Case no. 12/2014 and they were : [i] Sanjib Paul [hereinafter referred to as 'A-1', at places, for easy reference]; [ii] Sahabuddin Ahmed @ Jun Ahmed [hereinafter referred to as 'A-2' or 'the appellant no. 1', at places, for easy reference]; and [iii] Rakibuddin Ahmed @ Bhaiti Ahmed [hereinafter referred to as 'A-3' of 'the appellant no. 2', at places, for easy reference].

(2.) By the Judgment and the Order on Sentence, all the three accused persons have been convicted for the offence under Sec. 302, Indian Penal Code [IPC] read with Sec. 34, IPC. They have also been convicted for the offence under S. 201, IPC read with S. 34, IPC. After hearing the convicts on the point of sentence, the two appellants have been sentenced to undergo impriso-nment for life and to pay a fine of Rs.10,000.00 each, in default of payment of fine each, to undergo simple imprisonment for another three months each under Sec. 302, IPC read with Sec. 34, IPC. It has been ordered that out of the period of sentence of life imprisonment, ten years shall be rigorous imprisonment and rest of the sentence period, shall be simple imprisonment. For the offence under Sec. 201, IPC read with Sec. 34, IPC, the two appellants have been sentenced to undergo imprisonment for three years. It has been ordered that both the sentences shall run concurrently.

(3.) We have heard Mr. P. Kataki, learned counsel for the appellants and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam assisted by Ms. P. Das, learned counsel for the respondent State.