Joynul Haque Choudhury vs The State Of Assam And Anr
2021 Latest Caselaw 2657 Gua

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GAHC010082172021




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

                                  Case No. : Crl.A./169/2021

            JOYNUL HAQUE CHOUDHURY
            S/O- LATE AKIB ALI CHOUDHURY, VILL.- UTTAR NARAINPUR, PART-I, P.S.
            ALGAPUR, DIST.- HAILAKANDI.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM

            2:JAHIRUL ISLAM CHOUDHURY
             S/O- LATE AZIZUR RAHMAN CHOUDHURY
            VILL.- UTTAR NARAINPUR
             PART-I
             P.S. ALGAPUR
             DIST.- HAILAKANDI
            ASSAM
             PIN- 788801

Advocate for the Petitioner   : MR. N S LASKAR

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

Date : 01-11-2021

This criminal appeal has been filed under Section 374 of the Cr.PC against the judgment and order, dated 21.03.2020, passed by the learned Page No.# 2/2

Sessions Judge, Hailakandi, in Sessions Case No. 96/2018 arising out of GR Case No. 1176/2017 convicting the accused/appellant under Section 304 Part-I of the IPC and sentencing him to undergo rigorous imprisonment for 10 (ten) years with a fine of Rs. 5,000/- with a default clause.

The appellant is represented by Mr. NS Laskar, learned counsel. Also heard Mr. B Sarma, learned Additional Public Prosecutor appearing for the State respondent No. 1.

No formal notice need be served upon the learned Additional Public Prosecutor as he has entered appearance. Extra copies of the appeal memo and the annexures be furnished to him during the course of the day.

Issue notice upon respondent No. 2.

Appellant to take steps for service of notice upon the respondent No. 2 by registered post with A/D or through any other prescribed mode within 7 (seven) days.

The appeal is admitted. Call for the LCR.

This appeal is covered by the order of the Hon'ble Supreme Court in respect of limitation in preferring the appeal due to COVID-19 pandemic.

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

JUDGE

Comparing Assistant