Bedabrat Borah vs The State Of Assam And 2 Ors

Gauhati High Court

Bedabrat Borah vs The State Of Assam And 2 Ors on 31 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                     Page No.# 1/3

GAHC010256742023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.A./422/2023

            BEDABRAT BORAH
            S/O MUHI KANTA BORAH,
            VILL.- RONGPURIA UNDER LAKHIMPUR POLICE STATION IN THE
            DISTRICT OF LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY P.P., ASSAM.

            2:TIKENDRAJIT BARUAH
             S/O LATE BOHRAM BARUAH

            VILL.- MAJGAON
            POHUMORA UNDER LAKHIMPUR POLICE STATION IN THE DISTRICT OF
            LAKHIMPUR
            ASSAM
            PIN-

            3:JANARDAN KONWAR
             S/O LATE N.K. KONWAR

            VILL.- MAJGAON
            POHUMORA UNDER LAKHIMPUR POLICE STATION IN THE DISTRICT OF
            LAKHIMPUR
            ASSAM
            PIN

Advocate for the Petitioner   : MR Z KAMAR

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 31.05.2024 [M. Choudhury, J] Heard Mr. D. Talukdar, learned counsel for the appellant; Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. N. Bora, learned counsel for the respondent no. 2.

It is submitted by the learned counsel for the parties that the present appeal is preferred by the victim seeking enhancement of the sentence passed against the respondent no. 2 and the respondent no. 3 who stood as accused in Sessions Case no. 30[NL]/2013, passed by the Court of learned Sessions Judge, Lakhimpur at North Lakhimpur. It is further submitted by the learned counsel for the parties that aggrieved by the Judgment and Order dated 13.09.2023 passed in Sessions Case no. 30[NL]/2013, the respondent no. 2 and the respondent no. 3 have preferred two separate appeals, [i] Crl.A. no. 383/2023 by the respondent no. 2; and [ii] Crl.A. no. 431/2023 by the respondent no. 3. It is also submitted by the learned counsel for the parties that as this appeal and the other appeals have arisen out of the same Judgment and Order dated 13.09.2023 passed in Sessions Case no. 30[NL]/2013, all the three appeals may be heard together.

Mr. Talukdar, learned counsel for the appellant has further submitted that since the respondent no. 3 has already preferred the appeal, Crl.A. no. 431/2023, the matter of service of notice upon the respondent no. 3 herein can be decided on the next date of listing.

Page No.# 3/3 The office to list this appeal along with Crl.A. no. 383/2023 and Crl.A. no. 431/2023 after 3 [three] weeks.

                                       JUDGE                 JUDGE




Comparing Assistant