Ram Garh vs The State Of Assam
2022 Latest Caselaw 3108 Gua

                                                                          Page No.# 1/3

GAHC010001122022




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

                                   Case No. : CRL.A(J)/5/2022

            RAM GARH
            MARGHERITA, TINSUKIA, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.



Advocate for the Petitioner   : MS. B CHOWDHURY, AMICUS CURIAE

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Order 22-08-2022

(N. Kotiswar Singh, J)

This appeal is from jail.

Heard Ms. B. Chowdhury, learned Amicus Curiae for the appellant.

Appeal is admitted.

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Call for the records.

Ms. S. Jahan, learned Additional Public Prosecutor, Assam, accepts notice on behalf of

the State of Assam.

From the perusal of the judgment dated 16.03.2021, passed by the learned Additional

Sessions Judge (FTC1), Margherita, it appears that the informant, Sri Purna Kumar Pradhan is

the employer/Manager of the Tea Garden where the present appellant was working as a Tea

Garden labourer, who allegedly murdered his wife leading to the conviction under Section 302

of the IPC. We have also noted from the judgment that the learned Additional Sessions Judge

(FTC1), Margherita did not pass any order relating to payment of compensation to the victim

in Section 357A Cr.P.C.

In para-15 of the judgment, one of the witnesses, Smti Rashmi Sautal P.W.3, wife of

Jiten Sautal, who is the next door neighbour of the accused, stated in her cross-examination

that the appellant has a son of about 15 years.

Since the appellant has killed his wife and presently, he is in the judicial custody, if

they have left by any child/children, it may be required to pass order for payment of

compensation to the surviving child/children.

Accordingly, the Tinsukia District Legal Service Authority shall make necessary inquiry

and verification of the existence of the said son and if any other child is there and shall

submit a report in this regard, so that necessary order can be passed regarding payment of

compensation.

A copy of this order may be furnished to the Member-Secretary of the Assam State

Legal Services Authority as well as the Secretary of the Tinsukia Legal Service Authority for Page No.# 3/3

doing the needful.

Registry will prepare the paper book after receipt of records.

List the matter after submission of the report of the Tinsukia District Legal Service

Authority.

                                             JUDGE                           JUDGE



Comparing Assistant