Mohan Kumar vs The State Of Assam And Anr
2022 Latest Caselaw 4514 Gua

                                                               Page No.# 1/2

GAHC010212592022




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

                                  Case No. : Crl.A./295/2022

            MOHAN KUMAR
            S/O LATE PHUKAN KUMAR,
            VILL.- LAKHIPUR,
            P.O.- DEBCHARA,
            P.S.- BARBARI,
            DIST.- BAKSA, ASSAM.



            VERSUS

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

            2:HALADHAR KUMAR
             S/O LATE KAHIRAM KUMAR

            VILL.- LAKHIPUR

            P.O.- NIZ BANGALIPARA

            P.S.- BARAMA

            DIST.- BAKSA
            BTR
            ASSAM

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM
                                                                                 Page No.# 2/2

                                  BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

16.11.2022 (Suman Shyam, J)

Heard Mr. S. C. Biswas, learned counsel for the appellant.

This Criminal Appeal is presented against the judgment dated 13.09.2022

passed by the learned Sessions Judge, Baksa, Mushalpur in connection with

Sessions Case No.117/2018 convicting the appellant under Sections 302/326 of

the IPC and sentencing him to inter-alia undergo rigorous imprisonment for life

and also to pay fine with default stipulation.

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

Admit the appeal.

Issue notice returnable in six weeks.

Since Ms. S. Jahan, learned Addl. P.P., Assam has entered appearance

and accepted notice on behalf of the respondent No.1, no formal notice is

required to be sent to the said respondent.

Since the respondent No.2, who is the informant in this case, is the

paternal uncle of the accused, hence, service of notice upon the respondent

No.2 cannot be readily dispensed with. Appellant to, therefore, take steps for

service of notice upon the respondent No.2 by registered post with A/D within a

week from today.

                                                  JUDGE                         JUDGE



Comparing Assistant