Crl.A(J) 165/2004 - Gauhati High Court
Crl.A(J) 165/2004 - Gauhati High Court
Crl.A(J) 165/2004 - Gauhati High Court
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PRESENT<br />
THE HON’BLE CHIEF JUSTICE MR. AK GOEL<br />
HON’BLE MR. JUSTICE B D AGARWAL<br />
Date of hearing : 9.08.2012<br />
Date of Judgment : 31.08.2012<br />
JUDGEMENT AND ORDER (CAV)<br />
B D Agarwal, J.<br />
This appeal under Section 370 of the Code of Criminal<br />
Procedure has been filed by the State challenging the judgment<br />
and order dated 29.7.2003 passed by the learned Sessions<br />
Judge, Dhubri in Sessions Case No. 20 of 2002 whereby the<br />
learned Sessions Judge has acquitted all the five accused<br />
persons from the offence of murder by forming an unlawful<br />
assembly.<br />
2. We have heard Mr. Z. Kamar, learned Public Prosecutor<br />
for the State as well as Mr. K.C. Roy, learned counsel appearing<br />
for the accused persons/respondents. Sri HR Ahmed, learned<br />
counsel appeared for the informant and he was also heard. We<br />
have also gone through the impugned judgment and the<br />
evidence proffered by the prosecution in the trial court.<br />
3. The defence case was of total denial. Though the accused<br />
persons were residing in the nearby village under the same<br />
police station of the deceased and the deceased was wellknown<br />
to the accused persons they have expressed their<br />
ignorance about the murder of Hasen Ali and all the five<br />
Criminal Appeal No.<strong>165</strong>(J)/04 Page 2 of 2
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