Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 2349 Gua

                                                                       Page No.# 1/3

GAHC010137452022




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

                                Case No. : Crl.Rev.P./359/2022

            MOTI NATH SARMA AND 2 ORS.
            S/O- KESTA KANTA SARMA, R/O- VILL.- BARKURIHA, P.S. AND DIST.
            NALBARI, ASSAM

            2: PRADIP SHARMA
             S/O- MOTI NATH SARMA
             R/O- VILL.- BARKURIHA
             P.S. AND DIST. NALBARI
            ASSAM

            3: RAJIV SARMA
             S/O- MOTI NATH SARMA
             R/O- VILL.- BARKURIHA
             P.S. AND DIST. NALBARI
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE P.P., ASSAM

            2:KOMALESWAR TALUKDAR
             S/O- LATE SASTI RAM TALUKDAR
            VILL.- BARKURIHA
             P.S. AND DIST. NALBARI
             PIN- 781348

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : PP, ASSAM




                                            BEFORE
                                                                         Page No.# 2/3

                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 18.07.2022

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State respondent.

This revision petition under Section 397/401 Cr.P.C. is directed against the judgment and order dated 19.10.2016 passed by the learned Additional Chief Judicial Magistrate, Nalbari in G.R. Case No.531/2015 and also the judgment and order dated 19.05.2022 passed by the learned Sessions Judge, Nalbari in Crl.A. No.27/2016. It is to be noted here that vide impugned judgment and order dated 19.05.2022, the learned Sessions Judge, Nalbari has upheld the conviction of the two petitioners under Sections 323/34 IPC and under Section 324/34, but, modified the sentence.

Admit.

Issue notice to the respondents, returnable in four weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor has entered appearance and accepted notice on behalf of State respondent No.1, no formal notice is required to be issued. However, he shall be provided with requisite extra-copy of the petition during the course of the day.

Learned counsel for the petitioner shall take steps for service of notice upon the respondent No.2 by registered post with A/D as well as by usual process within a week from today.

Call for the records from the learned Court below.

Considering the submission advanced by the learned counsel for both sides and the punishment imposed by the learned Court below, the operation of Page No.# 3/3

the impugned judgment and order dated 19.10.2016 passed by the learned Chief Judicial Magistrate, Nalbari in GR. Case No.531/2015 and also the impugned judgment and order dated 19.05.2022 passed by the learned Sessions Judge, Nalbari in Crl.A. 27/2016 stands stayed.

The petitioner is allowed to remain on previous bail.

JUDGE

Comparing Assistant