Abedin Sheikh @ Abedin Ali Sk vs The State Of Assam And Anr
2021 Latest Caselaw 2627 Gua

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GAHC010170772021




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

                                Case No. : Crl.A./174/2021

            ABEDIN SHEIKH @ ABEDIN ALI SK.,
            S/O- LATE TAMIZ ALI SK, VILL.- DANGIR CHAR, P.O. DAKHIN GERAMARI,
            P.S. GOURIPUR, DIST.- DHUBRI, ASSAM

            VERSUS

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

            2:MD. SUKKUR ALI
             S/O- MONNAD ALI
            VILL.- DANGIR CHAR
             P.O. DAKHIN GERAMARI
             P.S. GOURIPUR
             DIST.- DHUBRI

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 29-10-2021

This is an application under Section 374(2) of the Code of Criminal Procedure, 1973, seeking quashment of the impugned judgment and order dated 10.09.2021 passed by the learned Sessions Judge, Dhubri, in Sessions Case No.16/2012 convicting the appellant under Section 304 Part-II of the Page No.# 2/2

Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years.

Heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. I.U. Chowdhury, learned counsel for the appellant.

Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appears and accepts notice on behalf of Respondent No.1. Hence, no formal notice need be issued upon the said respondent.

Issue notice on Respondent No.2 under registered post with A/D or under any other prescribed mode.

Steps be taken within five days.

The appeal is admitted.

Call for the LCR.

List the matter on 26.11.2021.

JUDGE

Comparing Assistant