Smti. Hima Borah vs The State Of Assam And 2 Ors
2021 Latest Caselaw 748 Gua

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GAHC010311272019




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

                                  Case No. : Crl.A./53/2020

            SMTI. HIMA BORAH
            W/O- SRI BHABEN BORAH, R/O- VILL.- KATHBARI, P.O. BAKOAL, P.S.
            JAMUGURIHAT, DIST.- SONITPUR, PIN- 784182, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE PUBLIC PROSECUTOR, ASSAM.

            2:SRI TRIDIP BARUAH
             S/O- LATE GAJEN BARUAH
             R/O- VILL.- RANGCHALIA KATHBARI
             P.S. JAMUGURIHAT
             DIST.- SONITPUR
            ASSAM
             PIN- 784182.

            3:SMT. MEGHALI BARUAH
            W/O- SRI PRASANTA BARUAH
             R/O- VILL.- RANGCHALIA KATHBARI
             P.S. JAMUGURIHAT
             DIST.- SONITPUR
            ASSAM
             PIN- 784182

Advocate for the Petitioner   : MR A D CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                              ORDER

02-03-2021 Heard Mr. P Dutta, learned counsel appearing for the appellant / informant. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor for the State respondent.

This appeal under Section 372 of the Cr.P.C., has been preferred by the appellant against the impugned Judgment and Sentence dated 18.11.2019 passed by the learned Session Judge, Sonitpur, Assam in Session Case No. 308/2014, acquitting the accused persons under Section 352/323/34 of the IPC.

Mr. P. Dutta, learned counsel for the appellant submits that the appellant was the injured victim in the case and he is seeking to prefer the instant appeal against the acquittal on the strength of the ratio laid in case of Mallikarjun Kodagali -vs.- State of Karnataka and Ors reported in (2019) 2SCC

752. The appeal is admitted.

Call for the LCR.

Issue notice to the respondent No. 2 & 3. List on 07.04.2021.

JUDGE

Comparing Assistant