KAMRUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Criminal Appeal Nos. 52(J) of 1999 and 53 (J) of 1999 have arisen out of a common judgment dated 16.12.98 passed by the learned Addl. Sessions Judge, Silchar in Sessions Case No. 28/96 whereby the learned Trial Court convicted the two appellants, namely, Md. Kamaruddin and Md. Parbin Ali under Section 302/34 IPC and sentenced both of them to imprisonment for life and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month each.

(2.) We have heard Mr. P. J. Saikia, learned amicus curiae and Mr. D. Das, learned Pub- lic Prosecutor, Assam.

(3.) The two appellants were tried by the learned Sessions Judge on the allegation that on 17.7.94 about 9 p.m. they, in furtherance of their common intention, caused the deatk of Md. Sakat AH by assaulting him with sharp cutting weapons. It may be mentioned here that there was another accused named Md, Ahsique Uddin against whom investigation was carried out by police but the said accused died during the pendency of the investigation itself.