Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 857 Gua

                                                                        Page No.# 1/3

GAHC010034782021




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


                            Case No. : Crl.A./67/2021


         SALIM UDDIN @ SELIM UDDIN AND ANR.
         S/O- SURUJ ALI, R/O- PABIJURI, P.O. BURUNGA TALI BAZAR, P.S.
         MURAJHAR, DIST.- HOJAI, ASSAM, PIN- 782445.


         2: MD. NAZIM UDDIN @ NAJIM UDDIN
          S/O- RAHMAN ALI
          R/O- GHANIYARPAR
          P.O. AMBARI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782445


         VERSUS


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


         2:MD. JALAL UDDIN
          S/O- LATE HUSON ALI
          R/O- PABIJURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782445
                                                                                  Page No.# 2/3

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

Date : 08-03-2021

This is an appeal, preferred against the judgment and orders, dated 02.01.2021/02.02.2021 and 03.02.2021, passed by the learned Additional District & Sessions Judge, Hojai in Sessions Case No. 96/2017, convicting the accused-appellant under Sections 395/397 of the IPC and under Section 25(1)(a) of the Arms Act and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- for the offence under Section 395 of the IPC and in default of payment of fine, simple imprisonment for 2 (two) months, rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 20,000/- under Section 397 of the IPC and in default of payment of fine, to suffer simple imprisonment for 3 (three) months, rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- under Section 25(1)(a) of the Arms Act and in default of payment of fine, to suffer simple imprisonment for 2 (two) months. The substantive sentences were ordered to run concurrently.

Heard Mr. IU Chowdhury, learned counsel for the accused-appellant.

The appeal is admitted.

State respondent No. 1 is represented by Mr. RJ Baruah, learned Additional Public Prosecutor, who has accepted notice. No formal notice need be served upon her.

Appellant to take steps for service of notice upon respondent No. 2 by registered post with A/D or through the Officer-in-Charge of the jurisdictional Police Station within 5 (five) days.

Call for the LCR.

Page No.# 3/3

List the matter after service of notice upon respondent No. 2 and receipt of the LCR on

19th April, 2021.

JUDGE

Comparing Assistant