SANKHI CHIBA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned Sr. Counsel assisted by mr. S. K. Deuri and Mr. T. Boo, learned counsel appearing for the appellants in Criminal appeal No. 10 (AP)/2005 and in Criminal reference (Hill) No. 2/2007. Also heard Mr. B. Banerjee, learned P. P. representing the state of Arunachal Pradesh in both the cases.

(2.) THE conviction of the appellants-respondents under Section 302/34, IPC and sentence to undergo rigorous imprisonment for life with a fine of Rs. 3000/- each and in default for payment of fine to undergo a further term of 3 months rigorous imprisonment so handed down by the learned additional District and Sessions Judge, First track Court Eastern Zone, Namsai, by his judgment and order dated 28-9-2005 in session Case No. 01/94 have been challenged in the criminal appeal by the appellants-respondents being Criminal Appeal no. 10 (AP) 2005/05. At the same time the impugned conviction and sentence have also been referred to this Court under Regulation 30 of the Assam Frontier (Administration of Justice) Regulation 1945 (1 of 1945)for confirmation of the Judgment and order dated 28-9-2005 abovementioned by way of Criminal Reference (H) No. 2/07.

(3.) SINCE both the Criminal Appeal as well as the Criminal Reference above mentioned carry the common question of law structured on similar factual circumstances, both the matters are being taken up together for analogous hearing and the same are being disposed of by this common judgment and order.