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STATE OF ASSAM Appellant

V/S

STATE OF ASSAM Respondents

Referred Judgements :-

JUDGEMENT

(1.) Criminal Appeal No. 100 (J)/94, 107/94, 109/94 and 137 (J)/94 arise out of the same judgment dated 5.7.94 delivered by Additional Sessions Judge, Jorhat in Sessions Case No. 18/80. As many as 65 accused persons were put on trial for offences punishable under Sections 109/147, 109/148, 109/323/149, 109/324/149, 109/325/149, 109/326/149, 109/342/149, 109/ 302/149IPC. Twenty seven of them have been found to be guilty of offences punishable under Sections 147/148/302/149, 326/149, 325/149, 324/149, 323/149, 342/149, 379/149,, 427/149 IPC and sentenced to undergo various terms of imprisonment witli a fine on each count as detailed below: <FRM>JUDGEMENT_103_GAULT3_1996Html1.htm</FRM> 56 The sentences are ordered to be run concurrently.

(2.) As for charges under Section 147/148 IPC, learned trial Judge has not passed any separate sentence, in view of the fact that the accused have also been found to be guilty under ISections 302/149 IPC and has also recorded " The accused persons are exonerated of the charges u/s 147/148 IPC."

(3.) Three of the accused, namely, K.C.- Paul, Prabin Goswami and Gunaram Tanti have been sentenced to death. While K.C. Paul is convicted under Sections 302/149 IPC, the other two, Prabin Goswami and Gunaram Tanti have been sentenced to death for offences punishable under Sections 109/302/149 IPC. In view of the death penalties as imposed by the trial Court, a reference has also been made under Section 366 Cr.P.C. for confirmation of the death sentences as passed against the above named accused persons. This reference has been registered as Criminal Death Reference No. 1/1994 (State of Assam & Ors. -Vs- G. Tanti & Ors.).

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STATE OF ASSAM Vs. GUNARAM TANTI

Referred Judgements :-

JUDGEMENT

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