Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 13 September, 2022
Page No.# 1/5
GAHC010183722022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./221/2022
RENU BALA BARMAN
W/O SATISH CHNADRA BARMAN,
VILL.- BINNYACHORA,
P.O.- CHITHILA, BHUBANNAGAR,
P.S.- FAKIRAGRAM,
DIST.- KOKRAJHAR, 783354 ASSAM.
2: SATISH CHANDRA BARMAN
S/O LATE LEBURAM BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRGRAM
DIST.- KOKRAJHAR
783354 ASSAM.
3: CHITTA BARMAN @ BITTU
(MINOR)
S/O SATISH CHNADRA BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRAFRAM
DIST.- KOKRAJHAR
783354 ASSAM
Page No.# 2/5
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY LEARNED P.P., ASSAM.
2:NIBARAN CHANDRA BARMAN @ LEBURAM
S/O LATE SARAT CHANDRA BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRAGRAM
DIST.- KOKRAJHAR
783354
ASSAM.
3:MAINABALA BARMAN
W/O NIBARAN CHANDRA BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRAGRAM
DIST.- KOKRAJHAR
783354
ASSAM.
4:TULSIBALA BARMAN @ NILIMA BARMAN
D/O NIBARAN CHANDRA BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRAGRAM
DIST.- KOKRAJHAR
783354
ASSAM.
5:MAMUNI BARMAN
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D/O LATE MANGLU BARMAN
VILL.- BINNYACHORA
P.O.- CHITHILA
BHUBANNAGAR
P.S.- FAKIRAGRAM
DIST.- KOKRAJHAR
783354
ASSAM
Advocate for the Petitioner : MR. S S BAROOAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
13.09.2022
Heard Mr. S.S. Barooah, learned legal aid for the appellant no.1 and he
submitted that he is also appearing for the appellant nos.2 and 3 and Mr. M.P.
Goswami, learned APP for the State.
The appellants are the victim and they have preferred this appeal against
acquittal under proviso to section 372 Cr.P.C. against the judgment and order
dated 03.06.2022 passed by the learned Sessions Judge, Kokrajhar in Crl.
App.23/2019 by which the respondent nos.2 to 5 were acquitted and reversing
the judgment and order dated 27.08.2020 passed by the learned Chief Judicial
Magistrate, Kokrajhar in GR case no.114/2017 whereby the private respondents
were convicted u/s 143 / 447/ 323/325 IPC and were sentenced to undergo RI
for 6 months u/s 323/325 IPC and they were also directed to pay a fine of
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Rs.300/- each u/s 143/447/323/325 IPC with default stipulation and further
providing that the sentences will run concurrently.
Appeal is admitted for hearing.
Call for the records of Crl. APP.23/2019 from the Court of learned Sessions
Judge, Kokrajhar and records of GR case no.114/2017 from the Court of learned
Chief Judicial Magistrate, Kokrajhar.
Issue notice returnable on 04.11.2022.
No steps is required to be taken in respect of respondent no.1 as State is
represented by the learned APP.
The appellants shall take steps within 2(two) days for service of notice on
the respondents nos.2 to 5 by registered post with A/D as well as by usual
process.
The legal aid counsel for the appellants has prayed for arrest of the
accused pending appeal for acquittal by invoking section 376 IPC.
The Court is of the considered opinion that as the sentence passed for
imprisonment for 3 months, the Court is of the considered opinion that for the
time being the matter is ultimately heard, the appellant nos.2 to 5 would stand
the entire sentence in custody. Therefore, till the disposal of the appeal on
merit, this is not fit case for invoking the section 398 Cr.P.C. for ordering arrest
of the accused pending appeal from acquittal.
Accordingly the prayer is rejected.
List the matter on 04.11.2022.
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JUDGE
Comparing Assistant
