Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3218 Gua

                                                                        Page No.# 1/3

GAHC010168662022




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

                                Case No. : Crl.Rev.P./423/2022

            KUSHAL BORUAH AND 2 ORS.
            S/O. TIPURAM BORUAH, VILL. BOISHNABPUR, P.S. LALUK, DIST.
            LAKHIMPUR, ASSAM.

            2: ANIL BORA
             S/O. LT. REBAT BORA
            VILL. BOISHNABPUR
             P.S. LALUK
             DIST. LAKHIMPUR
            ASSAM.

            3: DUDU HAZARIKA @ NIMAL HAZARIKA
             S/O. NAREN HAZARIKA
            VILL. BOISHNABPUR
             P.S. LALUK
             DIST. LAKHIMPUR
            ASSAM

            VERSUS

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

            2:MOMI BHARALI
             D/O. SRI RATNESWAR BHARALI
            VILL. BOISHNABPUR
             P.S. LALUK
             DIST. LAKHIMPUR
            ASSAM
             PIN-784160

Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

Date : 25.08.2022

Heard Mr. D. Bora, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

In this petition under Sections 397/401 Cr.P.C., the petitioners, namely, (i). Kushal Boruah, (ii). Anil Bora and (iii). Dudu Hazarika @ Nomal Hazarika, has put to challenge the judgment and order dated 27.05.2022, passed by the learned Additional Sessions Judge (F.T.C), Lakhimpur, in Criminal Appeal No. 20(2)/2018 and also judgment and order dated 11.05.2018, passed by the learned Chief Judicial Magistrate, Lakhimpur, in G.R. Case No. 1222/2012.

It is to be noted here that vide the judgment and order dated 11.08.21022, the learned Chief Judicial Magistrate has convicted the petitioners under Section 143/323 IPC, read with Section 149 IPC and sentenced them to suffer simple imprisonment for a period of one month and also to pay a fine of Rs. 400/- each, with default stipulation and also to suffer simple imprisonment for a period of 7(seven) days under Section 143 of the IPC and simple imprisonment for a period of 2 (two) months and also to pay a fine of Rs. 400/- each, in default, to undergo simple imprisonment for 15 (fifteen) days under Section 323 read with Section 149 IPC and vide impugned judgment and order dated 27.05.2022, the learned Additional Sessions Judge (F.T.C), Lakhimpur, has upheld the Page No.# 3/3

conviction and sentence.

Admit.

Issue notice, returnable in 4 (four) weeks.

Steps for service of notice upon the respondent no. 2 be taken by registered post with A/D as well as usual process, within a week.

As Mr. P. Sarmah, learned Additional Public Prosecutor has accepted notice on behalf of the respondent no. 1, no formal notice is required to be sent. However, requisite extra-copies of the petition along with the documents annexed thereto, be furnished to him during the course of the day.

Call for the orginal copy of the record from the learned Court below.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant