Rajen Rai @ Rajen Ray vs The State Of Assam And Anr
2022 Latest Caselaw 3803 Gua

                                                                    Page No.# 1/2

GAHC010167422022




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

                              Case No. : Crl.A./220/2022

             RAJEN RAI @ RAJEN RAY
             S/O LATE ADHIRAM RAY,
             VILL.- BARSADERI,
             P.S.- PATACHARKUCHI,
             DIST.- NALBARI, ASSAM.

             VERSUS

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

             2:HEMANTA KUMAR CHAKRABORTY
              S/O LATE A. CHAKRABORTY
             R/O BASISTHA, P.S.- BASISTHA
             DIST.- KAMRUP(M), ASSAM

Advocate for the Petitioner : MR. N BARMAN
Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

26-09-2022 Heard Mr. N. Barman, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, for the respondent No. 1.

This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 20-07-2022, passed by the learned Sessions Judge, Nalbari, in Sessions Case No. 86 of 2008, under Page No.# 2/2

Sections 147/148/149/448/341/307/326/323 of the IPC. It is to be noted here that vide the impugned judgment and order, the learned Court below has convicted the appellant, Rajen Rai @ Rajen Ray, and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs.1,000/-, with default stipulation, for the offence punishable under Section 324 of the IPC, further to undergo rigorous imprisonment for one month and to pay a fine of Rs.500/-, with default stipulation, for the offence under Section 323 of the IPC, and further to suffer rigorous imprisonment for one month and also to pay a fine of Rs.500/-, with default stipulation, for the offence punishable under Section 448 of the IPC. The sentences were directed to run concurrently.

The appeal is admitted.

Issue notice, returnable within four weeks.

The appellant shall, within a week from today, take steps for service of notice upon the respondent No.2 by registered post with A/D Card as well as under usual process.

Since Mr. B. Sarma, learned Additional Public Prosecutor, appears and accepts notice on behalf of the State respondent No. 1, no formal notice need be issued to respondent No. 1. However, extra requisite copy of the memo of appeal be furnished to the learned Additional Public Prosecutor, during the course of the day.

Call for the records from the learned Court below.

List this appeal after four weeks.

JUDGE

Comparing Assistant