Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 453 Gua

                                                                     Page No.# 1/3

GAHC010217572021




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

                                   Case No. : Crl.A./2/2022

            NILA DUTTA AND 2 ORS.
            S/O- LATE SARURAM DUTTA, R/O- VILL.- MORONGI TELIA GAON, P.O.
            BENGENAKHOWA, P.S. AND DIST.- GOLAGHAT, ASSAM, PIN- 785702.

            2: AJIT DUTTA @ PUTU DUTTA
             S/O- LATE SARURAM DUTTA
             R/O- VILL.- ABORGHAT
             P.O. BENGENAKHOWA
             P.S. AND DIST. GOLAGHAT
            ASSAM
             PIN- 785702.

            3: PRASANTA DUTTA
             S/O- SRI NILA DUTTA
             R/O- VILL.- MORONGI TELIA GAON
             P.O. BENGENAKHOWA
             P.S. AND DIST. GOLAGHAT
            ASSAM
             PIN- 785702

            VERSUS

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

            2:SMTI. RINA BORAH
            W/O- SRI DILIP BORAH
             R/O- VILL.- MORONGI TELIA GAON
             P.O. BENGENAKHOWA
             P.S. AND DIST. GOLAGHAT
            ASSAM
             PIN- 785702

Advocate for the Petitioner   : MR. K M HALOI
                                                                             Page No.# 2/3


Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 10-02-2022 Suman Shyam, J

Heard Mr. K.M. Haloi, learned legal aid counsel appearing for the appellants. Also

heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State.

This appeal is directed against the judgment dated 09-03-2021 passed by the

learned Addl. Sessions Judge, Goalpara in connection with Sessions Case No. 25/2016

convicting the appellants under Section 447/ 323/ 302/ 34 IPC and sentencing each of

them to undergo simple imprisonment for 01 year and to pay fine of Rs. 200/- each for

the offence punishable under Section 447 IPC; to undergo simple imprisonment for 03

months each for committing the offence punishable under Section 323 IPC; to undergo

imprisonment for life for committing the offence punishable under Section 302 IPC and

also to pay fine for each of the offences with default stipulation.

We have perused the grounds taken in the memorandum of appeal.

Admit the appeal.

Issue notice returnable in 06 weeks.

Since Ms. Bhuyan has appeared and accepted notice on behalf of the State, no

formal notice is required to be sent in this case.

Page No.# 3/3

The informant would be at liberty to participate in this proceeding with the leave of

this Court, if so advised.

Registry to call for the LCR.

List after receipt of the LCR.

                             JUDGE                    JUDGE
GS




Comparing Assistant