Gauhati High Court
Sri Jagadish Deori vs The State Of Assam on 24 November, 2021
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GAHC010205692016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./177/2016
SRI JAGADISH DEORI
S/O SRI RAMJOY DEORI, VILL. BALI DEOURIGAON, P.O. JAMUGURI PACH
ALI, P.S. and DIST. DHEMAJI, ASSAM.
VERSUS
THE STATE OF ASSAM,
Advocate for the Petitioner : MR.U DUTTA
Advocate for the Respondent :
Linked Case : Crl.A./329/2018
SRI BABUL BORA @ BOXON
S/O- LATE. BHOGRAM BORA
R/O- VILL- PACHNOI NO.2
P.O.- DIZOO
P.S.-NORTH LAKHIMPUR
DIST- LAKHIMPUR
ASSAM
PIN-787001.
VERSUS
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THE STATE OF ASSAM and ANR
REPRESENTED BY PP
ASSAM.
2:MD. AIZUL ALI
S/O- ABDUL ALI
R/O- VILL- NP.1
DIZOO CHAPARI
P.S.-NORTH LAKHIMPUR
DIST- LAKHIMPUR
ASSAM.
PIN- 787031.
------------
Advocate for : MR.M CHETIA
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM and ANR
Linked Case : Crl.A./7/2019
PUNARAM KURMI
S/O LT. PAHARIA KURMI
NO. 2 PACHNOI
DIZOO CHAPARI
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM and ANR
REPRESENTED BY PP
ASSAM
2:MD. AIJUL ALI
S/O LT. ABDUL ALI
VILL. DIZOO CHAPARI
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
------------
Advocate for : MR. B PRASAD
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM and ANR
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Linked Case : CRL.A(J)/89/2019
KANO BORA @ BABA GOGOI
NORTH LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP
ASSAM.
------------
Advocate for : MR. AZAD AHMED AMICUS CURIAE
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Linked Case : CRL.A(J)/90/2019
GHURON GORH
NORTH LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP
ASSAM.
------------
Advocate for : MR. MRINMOY DUTTA AMICUS CURIAE
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 24-11-2021
Suman Shyam, J
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Heard Mr. A. Ganguly, learned counsel for the appellant in Crl. A. No. 7/2019, Mr.
T.H. Hazarika, learned counsel for the appellant in Crl. A. No. 329/2018, Mr. A. Ahmed,
learned amicus curiae appearing for the appellant in Crl. A. (J) No. 89/2019 and Mr. U.
Dutta, learned counsel for the appellant in Crl. A. No. 177/2016.
All these appeals arise out of a common judgment and order of conviction passed
by the learned trial court.
The appeals have already been admitted and the paper book is also ready.
However, the matter could not be listed for final hearing due to non-service of notice on
the informant/ respondent No. 2.
Record reveals that there is already an order of this Court passed on 26-11-2019 to
serve the respondent No. 2/ informant through the Officer-in-Charge of Lakhimpur Police
Station. Thereafter, on 03-09-2020, another order has been passed by this Court whereby,
a direction was issued to serve notice upon the respondent No. 2 through the
jurisdictional Magistrate, i.e. the Chief Judicial Magistrate, Lakhimpur at North Lakhimpur.
Office note dated 20-11-2021 indicates that although notice was sent to the
respondent No. 2 to be serve through the Chief Judicial Magistrate, Lakhimpur, he was
not found in the address provided and the concerned Gaon Burah has also confirmed that
no person by the name of Dizoo Chapari, whose residential address was furnished as the
address of the informant, had ever lived in that address.
From the above, it is apparent that the whereabouts of the respondent No. 2/
informant is not known for service of notice upon him and despite the steps taken earlier
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as per the order of this Court, notice could not be served upon the informant/
respondent. The learned counsel for the appellants submit that the impugned judgment
was passed on 03-12-2014 and the appellants are in jail since the date of the judgment.
Considering the overall facts and circumstances of the case and for ends of justice,
we are of the view that final hearing of this appeal need not be detained any further on
the ground of service of notice on the informant. We, however, deem it appropriate to
appoint a legal aid counsel to represent the informant in this batch of appeals.
Registry to do the needful and list all the appeals for final hearing in the 3 rd week
of January, 2022 by reflecting the name of the legal aid counsel in the cause list. A copy
of the paper book be also furnished to the counsel for the informant.
A copy of the paper book be also furnished to Mr. A. Ahmed, learned amicus curiae
appearing for the appellant in Crl. A. (J) No. 89/2019.
JUDGE JUDGE
GS
Comparing Assistant
