Munni Roy vs The State Of Assam And Anr
2023 Latest Caselaw 4910 Gua

Gauhati High Court

Munni Roy vs The State Of Assam And Anr on 6 December, 2023

                                                                        Page No.# 1/2

GAHC010260012023




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

                                  Case No. : Crl.A./449/2023

            MUNNI ROY
            W/O LATE ASHOK ROY,
            VILL.- KALIBARI, B.G. COLONY, P.O.- NEW BONGAIGAON, P.S.-
            BONGAIGAON,
            DIST.- BONGAIGAON, ASSAM, PIN- 783380.



            VERSUS

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

            2:MD MUSTAFA ALI
             S/O MD SUKUR ALI

            VILL.- 1 NO. BASHBARI
            P.S.- MANIKPUR

            DIST.- BONGAIGAON
            ASSAM
            PIN- 783392

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

06.12.2023 Page No.# 2/2

Heard Mr. S.C. Biswas, learned counsel for the appellant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 372 of the Cr.P.C., the appellant has put to challenge the correctness or otherwise of the judgment and order dated 19.09.2023, passed by the learned CJM, Bongaigaon in PRC Case No. 456/2020.

3. It is to be noted here that vide impugned judgment and order dated 19.09.2023, the learned court below has convicted the respondent No. 2, under Sections 279/304[A] of the IPC, but, suspended the sentence and admonished him on probation .

4. Perused the memo of appeal as well as the grounds mentioned therein.

5. Let notice be issued to the respondent No. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Sarma has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. The Registry shall call for the record from the learned court below.

7. List the matter after 4 [four] weeks.

JUDGE

Comparing Assistant