ABDUL SAMAD @ SAMAD MARANDI Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Abdul Samad @ Samad Marandi
The State Of Assam
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HITESH KUMAR SARMA, J. -
(1.) This appeal, under section 374(2) of the Cr.P.C., 1973 is preferred against the judgment and order, dated 28-11-2008, passed by learned Sessions Judge, Dhubri, in Sessions Case No. 71 of 2005, convicting and sentencing the accused-appellants to undergo rigorous imprisonment for 7 (seven) years each and to pay a fine of Rs. 5,000/- each, in default, to suffer simple imprisonment for 3 (three) months each for the offence punishable, under Section 459 of the IPC and to undergo rigorous imprisonment for 3 (three) years each and to pay a fine of Rs. 2,000/- each, in default, to suffer simple imprisonment for 3 (three) months each, for the offence punishable, under Section 380 of the IPC. The sentences are to run concurrently.
(2.) I have heard Mr. M Hussain, learned counsel appearing on behalf of accused-appellants. I have also heard Mr. BJ Dutta, learned Additional Public Prosecutor, Assam.
(3.) I have perused the judgment of the learned trial Court as well as the evidence of the witnesses for the prosecution, recorded by the learned trial Court during the trial.;
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