Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 4825 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And Anr on 1 December, 2023

                                                                         Page No.# 1/2

GAHC010267232023




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

                                  Case No. : Crl.A./439/2023

            ABDUL KALAM SHEIKH AND ANR.
            S/O ADUL NUR,
            VILL.- LALKURA PT- II,
            P.O.- SAHEBGANJ, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331.

            2: ABDUL HAI SK.
             S/O ADUL NUR
            VILL.- LALKURA PT- II
             P.O.- SAHEBGANJ
             P.S.- GAURIPUR
             DIST.- DHUBRI
            ASSAM
             PIN- 783331

            VERSUS

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

            2:MOTIOR RAHMAN
             S/O LATE MOJIBAR RAHMAN
            VILL.- MOTERJHAR
             P.O. AND P.S.- GOLAKGANH
             DIST.- DHUBRI
            ASSAM
             PIN- 783334

Advocate for the Petitioner   : MR B D DAS

Advocate for the Respondent : PP, ASSAM
                                                                       Page No.# 2/2

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 01.12.2023 Heard Mrs. R. Deka, learned counsel for the petitioner.

This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 filed by the appellants impugning the judgment and order dated 29.09.2023 passed by learned Additional Sessions Judge, Dhubri in Sessions Case No. 11/2017 whereby the appellants have been convicted under Section 307 Part-I of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for two months. The appellants are also convicted under Section 325/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- each and in default of payment of fine to undergo for one month.

Issue notice to the respondents.

Call for the LCR from the learned Trial Court.

As Ms. S. H. Bora, learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to respondent No. 1. As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice on respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after two weeks.

List this matter after two weeks.

JUDGE Comparing Assistant