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GAHC010153202023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./314/2023
BINANDA BHUMIZ @ PUTKU
S/O- SRI NABHI BHUMIZ,
R/O- VILLAGE TARAI MAZGAON,
P.S.- SAPEKHATI,
DISTRICT- CHARAIDEO, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP, ASSAM.
2:DIPALI BHUMIZ
W/O- LATE BIRESWAR BHUMIZ
R/O- VILLAGE TAIRAI MAZGAON
P.S.-SAPEKHATI
DISTRICT- CHARAIDEO
ASSAM
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Page No.# 2/2 30.08.2023 (KR Surana, J) Heard Mr. D. Gogoi, learned counsel appearing for the appellant and Ms. S. Jahan, learned APP for the State.
This appeal under section 374(2) Cr.P.C. is directed against the judgment dated 20.03.2023 passed by the learned Sessions Judge, Charaideo in Sessions case no.85 (S-C)/2017, whereby the appellant was convicted under section 302 IPC.
There is no requirement of serving notice to the informant. Issuance of notice on the respondent no.2 is dispensed with. However, it is made clear that with the dispensation of notice it would not be a bar for issuance of notice on the respondent no.2, if so desired at an appropriate stage.
Admitted for hearing.
Call for the records.
List the matter after 4(four) weeks.
JUDGE JUDGE Comparing Assistant