Mohibul Islam @ Mahibul Islam @ ... vs The State Of Assam And Anr
2023 Latest Caselaw 426 Gua

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GAHC010265002022




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

                                  Case No. : Crl.A./26/2023

            MOHIBUL ISLAM @ MAHIBUL ISLAM @ MAHIDUL ISLAM @ MAHIBUL
            S/O AKBAR ALI,
            VILL.- ADIPUR,
            P.O. AND P.S.- KALGACHIA,
            DIST.- BARPETA, ASSAM.



            VERSUS

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

            2:HASMAT ALI
             S/O LATE MUKADESH ALI

            VILL.- ADIPUR

            P.O. AND P.S.- KALGACHIA

            DIST.- BARPETA
            ASSAM
            PIN- 781319

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

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Date : 07.02.2023

Heard Mr. I.U. Choudhury, learned counsel for the appellant. Also heard Mr. Bhaskar Sarma, learned APP for the State.

This appeal under Section 374(2) CrPC is preferred against the judgment and order dated 08.12.2022 passed by the learned Sessions Judge, Barpeta in Sessions Case No.169/2017, thereby convicting the accused/ appellant under Section 304 Part-II IPC and sentencing him to undergo rigorous imprisonment for 10(ten) years in default to undergo simple imprisonment for three months.

Appeal is admitted for hearing.

Call for the records.

Issue notice returnable in 4(four) weeks.

No steps is required to be taken against the respondent no.1. However, the appellant shall take steps within 2 days for service of notice on respondent no.2 by registered post with A/D as well as by usual process to be routed though the jurisdictional Magistrate.

List after 4(four) weeks, awaiting service report and the receipt of LCR.

JUDGE

Comparing Assistant