Birsha Murah vs The State Of Assam
2022 Latest Caselaw 4029 Gua

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GAHC010211892019




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

                                 Case No. : CRL.A(J)/56/2019

            BIRSHA MURAH
            S/O. LT. MOCHINDER MURAH, R/O. ROMAI TEA ESTATE RANCHI LINE, P.S.
            LAHOAL, DIST. DIBRUGARH,

            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.

Advocate for the Petitioner   : MR A TIWARI, AMICUS CURIAE

Advocate for the Respondent : PP, ASSAM


             Linked Case : CRL.A(J)/70/2019

            BIRSHA MURAH
            S/O. LT. PUSKU MURAH
            R/O. ROMAL TEA ESTATE RANCHI LINE
            P.S. LAHOAL, DIST. DIBRUGARH
            ASSAM.

             VERSUS

            THE STATE OF ASSAM
            REP. BY PP
            ASSAM.

            ------------
            Advocate for : MR. B PRASAD
            AMICUS CURIAE
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM
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                                        BEFORE
                        HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                           HON'BLE MR. JUSTICE ROBIN PHUKAN
                                         :: O R D E R ::

19.10.2022 [N. Kotiswar Singh, J]

Heard Mr. A. Tiwari, learned Amicus Curiae appearing for the appellant in CRL.A.(J) No.56/2019 as well as Mr. B. Prasad, learned Amicus Curiae appearing for the appellant in CRL.A.(J) No.70/2019. Also heard Ms. B. Bhuyan, learned Senior counsel as well as Additional Public Prosecutor, Assam appearing for the State.

Both these appeals, CRL.A.(J) No.56/2019 and CRL.A.(J) No.70/2019 have been filed against the same judgment dated 07.03.2019 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.112/2015 convicting the appellant under Sections 302, 325 and 324 IPC.

Since the appellant was in custody, his two applications before the jail authorities were treated to be appeals and accordingly, two separate appeals were registered.

In our opinion, there is no need to maintain two separate appeals in view of the fact that both the appeals arouse out of the same sentence convicting the appellant as mentioned above.

Since CRL.A.(J) No.56/2019 was entertained earlier, we will hear this appeal and the appeal, CRL.A.(J) No.70/2019 which was registered subsequently, is closed.

However, as Mr. B. Prasad, learned counsel was appointed as Amicus Curiae in CRL.A. (J) No.70/2019, he will be paid the honorarium at the rate fixed under the Rules. CRL.A.(J) No.70/2019 is, accordingly, closed.

Mr. A. Tiwari, learned Amicus Curiae submits that he has received the Paper Book and CRL.A.(J) No.56/2019 can be listed for hearing. Ms. B. Bhuyan, learned Senior counsel and Additional Public Prosecutor submits that she has not received the copy of the Paper Book.

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Let the Registry furnish a copy of the Paper Book to Ms. Bhuyan. List CRL.A.(J) 56/2019 for hearing in usual course.

                                 JUDGE                                   JUDGE




Comparing Assistant