Gauhati High Court
Rumeda Khatun vs The State Of Assam And 17 Ors on 2 December, 2022
Page No.# 1/6
GAHC010199242022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/613/2022
RUMEDA KHATUN
W/O- LATE SABDUL ALI, R/O- VILL.- DATIALBORI, P.O. DATIALBORI, P.S.
LAHARIGHAT, DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 17 ORS.
REP. BY THE P.P., ASSAM
2:MD. SHABBIR AHMED ANSARI
S/O- TALEB ANSARI
R/O- DAITALBORI
P.O.- DAITALBORI
DISTRICT- MORIGAON
ASSAM
PIN- 782126.
3:MD. TAMIZUDDIN AHMED
S/O- LATE ALI HUSSAIN
R/O- DAITALBORI
P.O.- DAITALBORI
DISTRICT- MORIGAON
ASSAM
PIN- 782126.
4:MD. NURUL HAQUE
S/O- LATE ABDUL BARIK
R/O- KALIKAJARI
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P.O- NAGABANDHA
P.S.- MIKIRBHETA
DIST- MORIGAON
ASSAM
PIN-782106.
5:MD. MUSTAK AHMED
S/O- ABDUL MOZID
R/O- VILLAGE MOROIMARI
P.O- GOROIMARI
P.S.- LAHORIGHAT
DIST- MORIGAON
ASSAM
PIN-782104.
6:MD. SURHAB ALI
S/O- LATE HASMAT ALI
R/O- VILLAGE LAHARIPAM
P.O.- GOROIMARI
P.S.- LAHARIGHAT
DIST- NAGAON
ASSAM
PIN- 782104.
7:MD. MARFAT ALI @ MARFAT MANDAL
S/O- LATE SABED ALI
R/O- VILLAGE KACHARIBARI
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM
PIN- 782127.
8:MD. ABDUL MATLEB
S/O- LATE AFAZUDDIN
R/O- VILLAGE GOROIMARI
P.O- GOROIMARI
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM
PIN- 782104.
9:MD. JALALUDDIN
S/O- LATE MAHAMMAD ALIM UDDIN
R/O- VILLAGE KALIKAJARI
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P.O.- NAGABANDHA
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM. PIN-782106.
10:MD. NAJIBUR RAHMAN ALIAS MD. NASIR
S/O- MOKBUL HUSSAIN
R/O- VILLAGE GOROIMARI
P.O.- NAGABANDHA
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM
PIN- 782104.
11:MD. AINUL HOQUE
S/O- LATE SAMAR ALI
R/O- VILLAGE KALIKAJARI
P.O.- NAGABANDHA
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM.PIN- 782106.
12:MD. NAJRUL HAQUE ALIAS MD. NAZU
S/O- LATE JUBED ALI
R/O- VILLAGE LAHARIPAM
P.O.- GOROIMARI
P.S.- LAHARIGHAT
DIST- NAGAON
ASSAM
PIN- 782104.
13:MD. MUSTAQ AHMED
S/O- LATE MOULABI MUBARAK ALI
R/O- VILLAGE GOROIMARI
P.O.- NAGABANDHA
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM. PIN- 782104.
14:MD. NUR HUSSAIN
S/O- LATE ABDUL JABBAR
R/O- VILLAGE GOROIMARI
P.O.- NAGABANDHA
P.S.- LAHARIGHAT
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DISTRICT- MORIGAON
PIN-782104.
15:MD. MAINUL HAQUE
S/O- LATE SAMAR ALI
R/O- VILLAGE KALIKAJARI
P.O.- NAGABANDHA
P.S.- MIKIRBHETA
DIST- MORIGAON
ASSAM
PIN- 782106.
16:MD. MAINUL HAQUE
S/O- LATE YAKUB ALI
R/O- VILLAGE LAHARIPAM
P.O.- GOROIMARI
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM PIN- 782104.
17:MD. HIBZUR RAHMAN
S/O- ABDUL RASHID
R/O- VILLAGE HUGUTOLI
P.O.- DATIALBORI
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM
PIN-782126.
18:MD. MOJIBUR RAHMAN
S/O- MAKBUL HUSSAIN
R/O- VILLAGE GOROIMARI
P.O.- NAHARLAGUN
P.S.- LAHARIGHAT
DIST- MORIGAON
ASSAM. PIN- 782104
Advocate for the Petitioner : MR J C BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 02-12-2022
Suman Shyam, J
Heard Mr. P. Kataki, learned counsel for the applicant. Also heard Ms. B Bhuyan,
learned Sr. counsel (Addl. P.P. Assam) assisted by Mr. J. Das, learned counsel appearing
on behalf of the State. Mr. N. Saikia, learned counsel has appeared on behalf of the
respondent Nos. 2 to 17.
The deceased husband of the applicant, who was the informant, had preferred
appeal being Crl. Appeal No. 103/2020 against the judgment and order of acquittal
passed by the learned trial court acquitting the respondent Nos. 2 to 18 in the trial
commenced in connection with Morigaon Sessions Case No. 30/2013. The appeal has
been admitted to formal hearing. During the pendency of the appeal the appellant
expired. Hence, this I.A. has been filed by his wife, seeking leave of this Court to allow
her to pursue the appeal.
By placing reliance on a decision of this Court in the case of Legal Heirs Smt.
Malaya Das Vs. State of Assam & Ors. reported in 2019 (3) GLT 364, Mr. Kataki
submits that on the death of the appellant, the appeal against acquittal would not abate
and the legal heirs would have a right to be substituted.
Responding to the above, Mr. Saikia, learned counsel for the respondents submits
that there is no provision for substitution of legal heirs under the Cr.P.C.
Ms. Bhuyan, learned Addl. P.P. Assam submits that she would have no objection if
the application filed by the applicant is allowed by this Court.
It appears that the appeal against acquittal has been preferred under Section 372
Cr.P.C. Therefore, whether or not there is any provision for substitution of legal heirs of
the appellant, the death of the informant/ appellant cannot be a ground to deny his legal
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heirs an opportunity to pursue the appeal, more so, since the appeal has already been
admitted.
In view of the above and considering the decision of this Court rendered in the
case of Legal heirs Smti. Malaya Das (Supra) , we are of the view that the prayer
made by the applicant deserves to be allowed.
As such, the I.A. stands allowed.
The applicant is permitted to pursue the appeal being Crl. Appeal No. 103/2020
pending before this Court by stepping into the shoes of the deceased appellant.
I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
