Bilal Phonglo vs The State Of Assam And Anr
2022 Latest Caselaw 1755 Gua

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GAHC010086392022




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

                                  Case No. : Crl.A./87/2022

            BILAL PHONGLO
            S/O ROHEN PHONGLO
            VILLAGE NOTUN SIPLANGDISA
            PS MAIBANG, DIST DIMA HASAO, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:BIJOY JOHORI
             S/O LATE SOILENDRO JOHORI
            RESIDENT OF PWD COLONY
             MAIBANG
             PO MAIBANG
             DIST DIMA HASAO
            ASSA

Advocate for the Petitioner   : MR. J LASKAR

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

                                   ORDER

23.05.2022

This criminal appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 07.03.2022, passed by the learned Sessions Judge, Dima Hasao, in Sessions Case No. 18/2014. It is to be mentioned here that vide impugned judgment and order, the learned Court below has convicted the appellant under Section 304 Part-II of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of 3 (three) years with a fine of Rs. 5,000/- (Rupees five thousand) only, with default stipulation.

Heard Mr. J. Laskar, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1.

Admit.

Call for the record from the learned Court below.

Issue notice to the respondents, returnable in 4 (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 upon the said respondent. However, requisite Page No.# 3/3

extra-copy of the petition be furnished to him during the course of the day.

Learned counsel for the appellant shall take steps for causing service of notice upon respondent No. 2 by registered post with A/D as well as by usual process.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant