Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 2403 Gua

                                                                 Page No.# 1/2

GAHC010158412021




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

                         Case No. : Crl.Rev.P./220/2021

         ASAD UDDIN AND 4 ORS
         SON OF LATE BASIR ALI
         R/O VILL- DAYABASANA, P.S. AND DIST. KARIMGANJ, ASSAM

         2: ALA UDDIN
          SON OF LATE BASIR ALI
         R/O VILL- DAYABASANA
          P.S. AND DIST. KARIMGANJ
         ASSAM

         3: JOINUL ISLAM
          SON OF ALA UDDIN
         R/O VILL- DAYABASANA
          P.S. AND DIST. KARIMGANJ
         ASSAM

         4: MOINUL ISLAM
          SON OF ALA UDDIN
         R/O VILL- DAYABASANA
          P.S. AND DIST. KARIMGANJ
         ASSAM

         5: SHAMIM AHMED
          SON OF ALA UDDIN
         R/O VILL- DAYABASANA
          P.S. AND DIST. KARIMGANJ
         ASSA

         VERSUS

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

         2:RIAZ UDDIN
                                                                                 Page No.# 2/2

             SON OF LATE ARPING ALI
            R/O VILL- DAYABASANA
            P.S. AND DIST. KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : --04.10.2021

Legality, propriety and correctness of the judgment and order dated 18.08.2021 passed by the learned Additional Sessions Judge, Karimganj in Criminal Appeal No. 3(1)/2019 is challenged in this revision petition by (1) Asad Uddin (2) Ala Uddin (3) Joinul Islam (4) Moinul Islam and (5) Shamim Ahmed. It is to be mentioned here that vide the impugned judgment & order, the learned Additional Sessions Judge, Karimganj has upheld the conviction of the revisionist by the learned CJM, Karimganj under Section 323/34 IPC.

Heard Mr. H.R. Choudhury, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional P.P., for the State of Assam.

Issue Notice to the respondents returnable in four weeks, by Registered Post with A/D and also by usual process.

Call for the scanned copy of the record.

Considering the submissions of learned Advocates of both side and the documents place on record and further in the interest of justice the operation of the impugned judgment & order dated 18.08.2021 passed by the learned Additional Sessions Judge, Karimganj is stayed.

List the matter after 4 (four) weeks.

JUDGE Comparing Assistant