Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 2913 Gua

                                                            Page No.# 1/3

GAHC010168682023




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

                           Case No. : Crl.Rev.P./298/2023

         ALIBOR RAHMAN AND 2 ORS
         S/O SAHABOL SK.
         R/O VILL- GHASBARI,
         P.S. BILASIPARA,
         DIST. DHUBRI, ASSAM

         2: KAJIBOR RAHMAN
          S/O SAHABOL SK.
         R/O VILL- GHASBARI

         P.S. BILASIPARA

         DIST. DHUBRI
         ASSAM

         3: SOFIOR RAHMAN
          S/O SAHABOL SK.
         R/O VILL- GHASBARI

         P.S. BILASIPARA

         DIST. DHUBRI
         ASSA

         VERSUS

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

         2:KOSIR ALI
          S/O SABED ALI
         R/O VILL- JOGIRMAHAL
          P.O. GHASHBARI
          P.S. BILASIPARA
                                                                        Page No.# 2/3

             DIST. DHUBRI
             ASSAM
             PIN-78334

Advocate for the Petitioner   : MR. M K BAROOAH

Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

05.08.2023

Heard Mr. M. K. Barooah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This criminal revision petition is filed under Section 401 read with Section 397(1) of the Code of Criminal Procedure, 1973, against the Judgment and Order dated 25.05.2023 passed by the learned Additional Sessions Judge, Bilasipara, in Criminal Appeal No. 02/2022, whereby upholding the judgment and Order of conviction dated 04.05.2022 passed by the learned Judicial Magistrate First Class, Bilasipara in G.R. Case No. 2050/2015, convicting the petitioners under Sections 448/323/342/34 of IPC and sentencing them to undergo Simple Imprisonment for a period of 3 (three) months for the offence under Sections 448/34 of IPC, Simple Imprisonment for a period of 6 (six) months for the offence under Sections 323/34 IPC, Simple Imprisonment for a period of 3 (three) months for the offence under Section 342/34 IPC.

Issue notice returnable after six weeks.

Page No.# 3/3

Call for the records.

As Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam accepts notice on behalf of the State respondent, no formal notice need be issued to the respondent No. 1.

The petitioners to take steps for issuance of notice upon the respondent No. 2, by way of registered post with A/D as well as by usual process within a period of five days from today.

List this matter after six weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant