Sri Nitul Chutia vs The State Of Assam And Anr
2021 Latest Caselaw 874 Gua

Citation : 2021 Latest Caselaw 874 Gua
Judgement Date : 8 March, 2021

Gauhati High Court

Sri Nitul Chutia vs The State Of Assam And Anr on 8 March, 2021

                                                                           Page No.# 1/2

GAHC010277622019




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

                                  Case No. : Crl.A./50/2021

            SRI NITUL CHUTIA
            S/O- UDESHWAR CHUTIA,
            R/O- VILLAGE BOGINODI, MAJGAON, P.S.- BOGINODI, DISTRICT-
            LAKHIMPUR, ASSAM, PIN- 787060.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:JAYGURAM HAZARIKA
             S/O- LATE CHAKI RAM HAZARIKA
             R/O- VILLAGE URIAMGURI
             P.O.- PATHALI PAM
             P.S.- BOGINODI
             DISTRICT- LAKHIMPUR
             PIN- 787056
            ASSAM

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 08.03.2021

Heard Mr. RA Choudhury appearing on behalf of Mr. MK Das, learned counsel for the Page No.# 2/2

appellant and Mr. NJ Dutta, learned Addl.Public Prosecutor for the State respondent No.1.

By this appeal under Section 374 (2) of the CrPC, the appellant has prayed for setting aside and quashing of the Judgment and Order, dated 05.07.2019 passed by the learned Assistant Sessions Judge, Lakhimpur in Sessions Case No.104(NL)/2015 wherein the appellant has been convicted and sentenced to undergo RI for 8 years and pay fine of Rs.5,000/- i/d SI for 3 months under Section 376 of the IPC.

The criminal appeal is admitted.

Call for the records.

Issue notice to the respondent No.2 through the Officer-In-Charge of Boginodi Police Station within 3 days.

As Mr. NJ Dutta, learned Addl. P.P. accepts notice on behalf of the State respondent No.1, hence no formal notice be issued. However, extra copy of the memo of appeal be served to him within 3 days.

List on 28.04.2021.

JUDGE

Comparing Assistant