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Date : 21-12-2018 (Ujjal Bhuyan, J.) Heard Mr. B. K. Mahajan, learned counsel for the appellants and Mr. H. Sharma, learned Addl. Public Prosecutor, Assam.

2. The two appeals have been preferred against the judgment and order dated 13.11.2007 passed by the learned Additional Sessions Judge (FTC), Bongaigaon in Sessions Case No.25(d)/2001 convicting the accused persons under Sections 120(B)/460/302/34 IPC and sentencing them to rigorous imprisonment for 10 years and fine of Rs.5000 each with a default clause for the offence under Section 460IPC; for the offence under Sections 120(B)/302 IPC imprisonment for life and fine of Rs.5000 with a default stipulation; and for the conviction under Sections 302/34 IPC, they were sentenced imprisonment for life and to pay fine of Rs.5000 with a default clause. It was ordered that sentences would run consecutively in respect of convict Shri Ajay Chakraborty and concurrently for the other convicts, namely, Shri Kartik Chakraborty, Jabed Ali and Ali Akbar.

5. On the basis of the first information, G.D. Entry was made whereafter it was forwarded to the Officer-in-Charge, Dhaligaon Police Station where it was registered as Dhaligaon Police Station Case No.57/1999 under Sections 460/302 IPC.

6. On completion of investigation, police submitted charge-sheet against the four appellants who were arrayed as accused. Thereafter, charges were framed against the accused under Sections 120B, 460 and 302/34 IPC. Appellants pleaded not guilty and claimed to be tried. It may be mentioned that one of the accused persons, namely, Kalidas Mahanta @ Kuddus Ali had evaded investigation and was accordingly declared as absconder. The case was 'filed' against him.