ABUL BASFAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, learned counsel for the appellant in Crl. A. 247/2025 and Mr. P. K. Deka, learned counsel for the respondent Nos. 2 & 3. Also heard Mr. M. Khan, learned counsel for the respondent Nos. 4, 6 & 7 and Ms. S. H. Borah, learned Addl. PP for the State. Mr. P. K. Deka, learned counsel appears for the appellant in Crl. A. 30/2024 and Mr. M. K. Choudhury, learned counsel appears for the respondent No. 2.

(2.) Crl. A. 247/2025 and Crl. A. 30/2024 have both put a challenge to the impugned judgment dtd. 22/12/2023 passed by the Court of the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 105/2023. In Crl. A. 30/2024 the appellant Fazar Ali has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.15,000.00, in default simple imprisonment for three months. On the other hand, 6 co-accused have been acquitted of the charge under Ss. 302/149 IPC and also under Ss. 148/325/326 IPC by the same impugned judgement. Crl. A. 247/2025 has been filed by the informant, who has put to challenge the acquittal of the 6 co-accused by the learned Trial Court, while the appellant in Crl. A. 30/2024 has challenged his conviction under Sec. 302 IPC.

(3.) As the challenge in both the appeals relate to the same impugned judgment dtd. 22/12/2023, the appeals are being decided by this common judgement and order.