Birbal Kandha vs The State Of Assam And Anr
2023 Latest Caselaw 3470 Gua

                                                                     Page No.# 1/2

GAHC010186302023




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

                                  Case No. : Crl.A./319/2023

            BIRBAL KANDHA
            S/O SRI DINESH KANDHA,
            RESIDENT OF VILLAGE SHYAMAGURI, T.E, 12 NO. LINE, PS DHEKIAJULI,
            DIST SONITPUR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI BIKAN SURIN
             S/O SRI ADAM SURIN

            RESIDENT OF VILLAGE SHYAMAGURI T.E
            12 NO. LINE
            PS DHEKIAJULI
            ASSA

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

30.08.2023 (KR Surana, J) Page No.# 2/2

Heard Mr. MK Das, learned legal aid counsel for the appellant and Ms. S. Jahan, learned APP for the State.

This appeal under section 374(2) Cr.P.C. is directed against the judgment and order dated 28.06.2022 passed by the learned Court of Addl. Sessions Judge (FTC), Sonitpur, Tezpur in Sessions case no.133/2018 whereby the appellant has been convicted under section 302 IPC.

There is no requirement of serving notice to the informant. Issuance of notice on the respondent no.2 is dispensed with.

However, it is made clear that with the dispensation of notice it would not be a bar for issuance of notice on the respondent no.2, if so desired at an appropriate stage.

Admitted for hearing.

Call for the records.

List the matter after 4(four) weeks.

            JUDGE                          JUDGE




Comparing Assistant