Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 2782 Gua

                                                                      Page No.# 1/2

GAHC010159452023




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

                                 Case No. : Crl.A./276/2023

            NASIB ALI
            S/O ABDUL WAHAB,
            R/O NO. 1 NACHANGURI,
            P.O.- GORAIMARI, P.S.- MANIKPUR, DIST.- BONGAIGAON, ASSAM, PIN-
            783390.



            VERSUS

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

            2:DULU MIYA
             S/O LATE HANIF ALI

            R/O BARBILA
            P.O.- MANIKPUR
            P.S.- MANIKPUR
            DIST.- BONGAIGAON
            ASSAM
            PIN- 783392

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

01.08.2023 Page No.# 2/2

Heard Mr. M.U. Mahmud, learned counsel for the appellant. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

This appeal under Section 374(2) Cr.P.C. has been preferred against the impugned judgment and order, dated 06.07.2023, passed by the learned Special Judge (P), Bongaigaon in Special (P) Case No.12(M)/2021, corresponding to G.R. Case No.1429/2020, whereby convicted the appellant under Sections 366/376(1) IPC and sentenced him to undergo S.I. for 10 years and to pay fine of Rs.3,000/- only, in default, to undergo S.I. for 3 months u/s 366/376(1) IPC.

As Mr. M.P. Goswami, learned Addl. Public Prosecutor, has accepted notice on behalf of the State respondent No.1, no fresh notice needs be issued. However, a copy of the memo of appeal along with the documents annexed thereto, be furnished to him during the course of the day.

Issue notice to the respondent No.2 through the Officer-in-Charge of Manikpur P.S.

Call for the records.

List after receipt of the LCR.

The connected I.A. will be considered after receipt of the LCR and filing of objection, if any by the learned Addl. Public Prosecutor.

JUDGE

Comparing Assistant