Citation : 2022 Latest Caselaw 3077 Gua
Judgement Date : 18 August, 2022
Page No.# 1/3
GAHC010159372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./191/2022
KULU HAZARIKA @ KUSHAL AND 5 ORS
S/O- PURNANDA HAZARIKA, R/O- VILL.- BHILER NALANI, P.S. BIHPURIA,
DIST. NORTH LAKHIMPUR, ASSAM
2: BLAKU HAZARIKA @ HEMANTA HAZARIKA
S/O- LATE KUMUD HAZARIKA
R/O- VILL.- BHILER NALANI
P.S. BIHPURIA
DIST. NORTH LAKHIMPUR
ASSAM
3: TUTU DAS @ KHIROD
S/O- SUREN DAS
R/O- VILL.- BHILER NALANI
P.S. BIHPURIA
DIST. NORTH LAKHIMPUR
ASSAM
4: RANJAN SARMAH
S/O- LATE PROBIN SARMAH
R/O- VILL.- BORIGAON
P.S. BIHPURIA
DIST. NORTH LAKHIMPUR
ASSAM
5: TRIDIP BARUAH
S/O- SRI RANJIT BARUAH
R/O- VILL.- DAKUA DAGOAN
P..S BIHPURIA
DIST. NORTH LAKHIMPUR
ASSAM
6: DIBYAJYOTI SAIKIA
S/O- BALIN SAIKIA
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R/O-VILL.- BORACHUK
P.S. BIHPURIA
DIST. LAKHIMPUR
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI MINU BORA
W/O- SRI BABUL BORA
R/O- VILL.- HISINGOLIA
P.S. BIHPURIA
DIST. NORTH LAKHIMPUR
ASSA
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 18.08.2022
Heard Mr. P.K. Munir, learned counsel for the appellants. Also heard Mr. Bhaskar Sarma, learned APP for the State.
This appeal under section 374 (2) Cr.P.C. is preferred against the judgment and order dated 01.07.2022 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No. 15(N.L)/2016, thereby convicting the appellants under section 143/323/34 IPC and sentencing them to undergo simple imprisonment for a term of 6 (six) months and fine of Rs.500/- only, in default of payment, to undergo 15 (fifteen) days for the offence under section 323/34 IPC, and also to undergo simple imprisonment for 3 (three) months and to pay a fine of Rs.500/- only, in default of payment, to undergo Page No.# 3/3
simple imprisonment for 15 (fifteen) days for the offence under section 143/34 IPC.
Appeal is admitted for hearing.
Call for the records.
Issue notice returnable on 28.09.2022.
No formal steps is required to be taken in respect of respondent no.1, who is represented by the learned APP.
The appellants shall take steps within 2 days for service of notice on respondent no. 2 by registered post with A/D as well as by usual process though jurisdictional Magistrate in terms of Gauhati High Court Rules.
List on 28.09.2022.
JUDGE
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