Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 628 Gua

                                                                      Page No.# 1/2

GAHC010024742021




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

                            Case No. : Crl.A./45/2021

         BASIR UDDIN AND 2 ORS.
         S/O- LATE ARFAAN ALI, R/O- VILL.- PUBJARANI, P.O. KOROIGURI, P.S.
         MURAJHAR, DIST.- HOJAI, ASSAM, PIN- 782440.

         2: NASIR UDDIN
          S/O- LATE ARFAAN ALI
          R/O- VILL.- PUBJARANI
          P.O. KOROIGURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782440.

         3: SARIF UDDIN
          S/O- LATE FARIZ ALI
          R/O- VILL.- AND P.O. KOROIGURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782440

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE P.P., ASSAM

         2:MD. SAHAB UDDIN
          S/O- ABDUL SUBUR
          R/O- VILL.- KOROIGURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782440
                                                                                  Page No.# 2/2

Advocate for the Petitioner   : MR F K R AHMED

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                             ORDER

23-02-2021 Heard Mr F.K.R. Ahmed, learned counsel for the applicants/appellants. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.

This application under Section 374(2) Cr.P.C., is preferred against the impugned Judgment and Order, dated 10.12.2020, and Order of quantum of sentence dated 23.12.2020 passed by the learned Additional District & Sessions Judge, FTC, Hojai, Sankardev Nagar in Session's Case No. 164(N)/2015 whereby the applicants/appellants are convicted and sentenced to undergo Rigorous Imprinsonment for 1(one) year and to pay fine of Rs. 1,000/- each in default Simple Imprisonment for 1(one) month for the offence committed under Section 448 of the IPC and also sentencing them to undergo Rigorous Imprisonment for 1(one) year and to pay a fine of Rs.1,000/- each in default Simple Impriosnment for 1(one) month for the offence under Section 323 of the IPC.

The appeal is admitted.

Call for the records.

Issue notice to the respondent no. 2 by Registered post with A/D Card. Steps be taken within 7 days.

A copy of the memo of appeal along with the document annexed thereto be furnished to the learned Addl.Public Prosecutor within 2(two) days.

List on 31.03.2021.

JUDGE

Comparing Assistant