Page No.# 1/4 vs The State Of Assam And 4 Ors
2022 Latest Caselaw 3786 Gua

                                                         Page No.# 1/4

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.# 2/4

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
                                                                        Page No.# 3/4

             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

Date : 26.09.2022

Heard Mr. S. S. Barooah, legal aid counsel for the petitioner. Also heard Mr. M. P. Goswami, learned APP for the State.

2. It is submitted that in order dated 13.09.2022, some typographical errors are kept in.

It is submitted that :

(a) In the first line of para 1 of the order, the learned counsel should have been referred to as "legal aid counsel" and that the word "counsel" has been left out.

(b) In the eighth line of the para-2 of the order, the words "RI for 3 months u/s 143/447 IPC" have been left out and therefore, the said words be included.

Page No.# 4/4

3. The prayer is considered and allowed.

4. Accordingly, the corrected paragraph nos. 1 & 2 of the order dated 13.09.2022 in Crl. Appeal No. 221/2022 are quoted below to avoid confusion:

"Heard Mr. S.S. Barooah, learned legal aid counsel 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 RI for 3 months u/s 143/447 IPC and they were also directed to pay a fine of Rs.300/- each u/s 143/447/323/325 IPC with default stipulation and further providing that the sentences will run concurrently."

5. This order shall now be read together with the order dated 13.09.2022 in Crl. Appeal No. 221/2022.

JUDGE

Comparing Assistant