Gauhati High Court
Babu Saikia vs The State Of Assam And Anr on 12 January, 2024
Author: M. Zothankhuma
Bench: Michael Zothankhuma, Malasri Nandi
Page No.# 1/4
GAHC010172442022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/487/2022
BABU SAIKIA
S/O LATE SUNTI SAIKIA RESIDENT OF NIMATI PANCHGHORIA GAON,
BORPATHAR UNDER BORPATHAR PS, DIST GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SHRI PHANIDHAR GOGOI
S/O LATE REBO KANTA GOGOI
RESIDENT OF TENGANI PANCHGOHOIRA GAON
PS BORPATHAR
DIST GOLAGHAT
ASSA
Advocate for the Petitioner : MR. B M CHOUDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./209/2022
BABU SAIKIA
S/O LATE SUNTI SAIKIA
RESIDENT OF NIMATI PANCHGHORIA GAON
BORPATHAR UNDER BORPATHAR PS
DIST GOLAGHAT
Page No.# 2/4
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SHRI PHANIDHAR GOGOI
S/O LATE REBO KANTA GOGOI
RESIDENT OF TENGANI PANCHGOHOIRA GAON
PS BORPATHAR
DIST GOLAGHAT
ASSAM
------------
Advocate for : MR. B M CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
12.01.2024 (M. Zothankhuma, J) Heard Mr. B.M. Choudhury, learned Sr. Counsel appearing for the applicant/appellant. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State.
This application under Section 389 Cr.P.C is filed for suspending the sentence imposed upon the applicant/appellant, who has been convicted under Section 302 IPC, in pursuance to the judgment dated 23.06.2022, passed by the learned Sessions Judge, Golaghat in Sessions Case No. 173/2014, arising out of G.R. Case No.241/2011.
Page No.# 3/4 The counsel for the applicant submits that though the evidence of the hostile witnesses shows that in their statements made under Section 161 Cr.P.C, the applicant along with Basanta Saikia, Min Rajkhowa and Akanman Rajkhowa had been seen to be slapping and hitting the deceased with a lathi, only the applicant has been convicted. He also submits that there is no evidence recorded by the learned trial Court to show that the action of the applicant had caused the death of the deceased.
Ms. S.H. Bora, learned Addl. P.P. submits that the learned trial Court having found the applicant guilty, after going through the testimony of the witnesses, there is no ground to suspend the sentence or release the applicant on bail.
We have heard the learned counsels for the parties.
We have considered the fact that the 161 Cr.P.C statements made by the hostile witnesses show that though the applicant, Basanta Saikia, Min Rajkhowa and Akanman Rajkhowa were found to have been slapping and hitting the deceased, besides assaulting the deceased with a lathi, only the applicant has been convicted by the learned trial Court. There is no other evidence recorded by the learned trial Court, except the questions put to the hostile witnesses, that is, PW Nos.10, 11 and 12, with regard to what they stated to the police regarding the names of the perpetrators of the assault on the deceased.
On considering the above, we are of the view that the sentence awarded to the applicant should be suspended for the time being and the applicant should be released on bail.
Accordingly, the sentence is suspended and the applicant is directed to be released on bail, on furnishing bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned trial Court.
Page No.# 4/4 The I.A. is accordingly disposed of.
JUDGE JUDGE Comparing Assistant