JAMAL UDDIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. A Ahmed, learned counsel for the applicants/appellants. Also heard Ms. S Jehan, learned Additional Public Prosecutor, Assam.

(2.) The criminal appeal No.73/2018 has been preferred by three persons, namely, 1. Jamal Uddin Choudhury, 2. Nizam Uddin Choudhury and 3. Rafique Uddin Choudhury against the Judgment and Order dated 19.12.2017 of the learned Sessions Judge Hailakandi in Sessions Case No.81/2009 under Sections 302/323/34 of the IPC, by which all the aforesaid persons were convicted under the aforesaid sections and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- each and in default thereof to undergo further imprisonment of 2(two) months for the offence under Section 302 of the Indian Penal Code (for short, IPC).

(3.) By the interlocutory application being IA(Crl.)5/2019, the appellants seek for suspension of sentence and for releasing them on bail. In the interlocutory application, a stand has been taken on behalf of the applicant/appellant No.3, Rafique Uddin Choudhury that he was a juvenile at the time when the alleged offence had taken place.