BIDUL KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Upadhaya, learned counsel for the appellant, Shri Bidul Kalita in Criminal Appeal No. 101 of 2020 and Mr. N. Deka, learned Amicus Curiae for the appellant Shri Mintu Chutia in Criminal Appeal (J) No. 96 of 2019. Also heard Mr. K.K. Das, learned Addl. P.P. for the State respondent.

(2.) These two criminal appeals, being Criminal Appeal No. 101 of 2020 and Criminal Appeal (J) No. 96 of 2019, preferred under Sec. 374(2) of the Code of Criminal Procedure, are directed against the common judgment and order, dtd. 13/5/2019, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 36(DH) 2015. It is to be noted here that vide impugned judgment and order dtd. 13/5/2019, the learned Sessions Judge, Dhemaji had convicted both the accused/appellants, under Sec. 302/364 IPC and sentenced them to suffer rigorous imprisonment (R.I. in short) for life and also to pay fine of Rs.2,000.00,- in default R.I. for another 2 (two) months, each, u/s 302 of IPC, and also sentenced them to undergo R.I. for 5(five) years, and to pay a fine of Rs.2,000.00-(two thousand), in default, to suffer R.I. for 2(two) months u/s 364 IPC. Further, the learned trial court had directed that the substantive sentences shall run concurrently. However, the learned Sessions Judge, Dhemaji had found that the charge under Sec. 379 IPC could not be proved by the prosecution side against both the accused/appellants and acquitted them of the said charge.

(3.) As both the appeals are directed against the same common judgment and order, dtd. 13/5/2019, and as agreed by learned Advocates of both sides, it is proposed to dispose of both the appeals together by this common judgment and order.