Citation : 2023 Latest Caselaw 4909 Gua
Judgement Date : 6 December, 2023
Page No.# 1/2
GAHC010259092023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./425/2023
KARTHIK DUTTA @ KARTICK DUTTA
S/O ASHIT DUTTA,
R/O WARD NO. 13, SHANTI NAGAR, P.S.- DHUBRI, IN THE DIST. OF
DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PUBLIC PROSECUTOR.
2:SUNIL CHANDRA
S/O LATE DINESH CHANDRA CHANDRA
R/O KOKRAJHAR BIDHANPOLLI
WARD NO. 3
P.S.- KOKRAJHAR
DIST.- KOKRAJHAR
ASSAM
Advocate for the Petitioner : MR. K SARMA
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 06.12.2023
Heard Mr. K. Sarma, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam/respondent No.1.
This is an application filed under Section 374(2) Cr.P.C. against the judgment and order dated 04.10.2023 passed by the learned Sessions Judge, Dhubri in connection with Sessions Case No. 316/2018, whereby the accused/appellant was convicted under Section 306 IPC, sentenced him to undergo simple imprisonment for a period of 5(five) years and to pay fine of Rs.5,000/-, in default of payment of fine, simple imprisonment for 6(six) months.
The appeal is admitted.
Issue notice.
The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.
No formal notice required to be served upon the respondent No.1 as because Ms. Jahan, learned Addl.P.P. has entered appearance.
Extra copy of the petition shall be provided to Ms. Jahan. Call for the scanned copy of LCR.
List accordingly.
JUDGE
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