Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3937 Gua

                                                                     Page No.# 1/3

GAHC010201982022




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

                           Case No. : Crl.Rev.P./495/2022

         BIDHU BHUSAN DAS AND 2 ORS
         S/O LT. KRISHNA JIBAN DAS
         R/O VILL- NORTH NARAINPUR, PART-4, P.O. AND P.S. ALGAPUR,
         DIST. HAILAKANDI

         2: BINOD CHANDRA DAS
          R/O VILL- NORTH NARAINPUR
          PART-4
          P.O. AND P.S. ALGAPUR

         DIST. HAILAKANDI

         3: MANINDRA DAS
          S/O LT. KRISHNA JIBAN DAS
         R/O VILL- NORTH NARAINPUR
          PART-4
          P.O. AND P.S. ALGAPUR

         DIST. HAILAKAND

         VERSUS

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

         2:SITU KUMAR DAS
          S/O DARIKA DAS
         R/O VILL- NORTH NARAINPUR
         PART-2

         P.O. AND P.S. ALGAPUR
         DIST. HAILAKANDI

         PIN-78880
                                                                        Page No.# 2/3


Advocate for the Petitioner   : MR. A Y CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
                HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

29-09-2022

Heard Mr. T. A. Choudhury, learned counsel for the petitioners.

This present application under Sections 397/401 of the Code of Criminal Procedure, 1973 is filed assailing two judgments, firstly, the judgment and order

dated 29.01.2018 passed by the learned Judicial Magistrate, 1 st Class, Hailakandi in connection with G.R. Case No. 940/2009 wherein the petitioners were convicted and sentenced to undergo Rigorous Imprisonment for a period of 2 years under Section 324 of IPC, another 2 years with a fine of Rs. 4,000/- each under Section 325 of IPC and further for a period of one year under Section 323 of IPC.

The second judgment under challenge in the present revision petition is the judgment and order dated 22.08.2022 passed in Criminal Appeal No. 09/2018 by the learned Additional Sessions Judge, Hailakandi by which the judgment dated 29.01.2018 was upheld.

Issue notice, returnable after 4 (four) weeks.

The petitioners to take step for service of notice upon the respondent No. 2 Page No.# 3/3

through registered post with A/D as well as by usual process within a period of 10 days from today.

Mr. Sarma, learned Additional Public Prosecutor, Assam has accepted notice on behalf of the State respondent. Accordingly, no formal notice need be issued.

Considering the matter in its entirety and taking note of the period of sentences, the sentences as aforesaid are suspended till disposal of this Criminal Revision Petition and the petitioners are allowed to remain on previous bail.

JUDGE

Comparing Assistant