ASIA KHATUN (MUSST.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Identical questions of law and fact are involved in both the appeals preferred separately by the convicts and as such, both the appeals are taken together for disposal by this common judgment.

(2.) Heard Mr. JCR Choudhury, learned Amicus Curiae for the appellant in Crl. A.(J) No.117/2013 and Mr. K. H. Choudhury, learned Senior counsel assisted by Mr. S. K. Muktar, learned counsel for the appellant in Crl. A. No. 397/2013. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the respondent.

(3.) The appellants, Giasuddin and Musstt. Asia Khatun stood convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay fine of Rs.5,000/- with a default stipulation by the learned Sessions Judge, Nagaon in Sessions Case No.110 (N)/2002 vide his judgment dated 30.09.2013.