Biju Das @ Viju @ Bijoy Kanti Das vs The State Of Assam And Anr
2023 Latest Caselaw 3366 Gua

                                                                        Page No.# 1/2

GAHC010081612023




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

                                  Case No. : Crl.A./233/2023

            BIJU DAS @ VIJU @ BIJOY KANTI DAS
            S/O CHITRARANJAN DAS,
            VILL.- NEW SONOWAL, P.S.- MARIANI, DIST.- JORHAT, ASSAM, PIN- 785634.

            VERSUS

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

            2:TUKHESWAR HAZARIKA
             S/O LATE NATH HAZARIKA
             R/O MARIANI APBN
             NEW SONOWAL CAMP
             P.S.- MARIANI
             DIST.- JORHAT
            ASSAM
             PIN

Advocate for the Petitioner   : MR. P K SARMA

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 25.08.2023

Heard Mr. P K Sarma, learned counsel for the appellant.

This is an application under section 374 (2) of the Cr.P.C for Page No.# 2/2

granting leave to appeal against the impugned judgment and order dated 07.07.2023 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No.7(JJ)/2011 whereby the learned court has convicted the appellant to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs.10,000/- in default to undergo simple imprisonment of 3 months.

Issue notice returnable by 6 (six) weeks. Mr. D Das learned Addl. PP accepts notice on behalf of the respondent No.1, so no formal notice is required to be issued, however, extra copy of the memo of appeal be served upon the learned Addl. PP during the course of the day.

Steps upon respondent No.2 be taken by way of Registered Post with A.D as well as through usual process within 5 (five) days.

Call for the LCR.

JUDGE

Comparing Assistant