Mum Barman @ Kale vs The State Of Assam And Anr
2023 Latest Caselaw 27 Gua

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GAHC010207722022




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

                                Case No. : I.A.(Crl.)/650/2022

            MUM BARMAN @ KALE .
            C/O SUK CHARAN BARMAN
            RESIDENT OF VILLAGE BORCHARA, PS AND DIST BONGAIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR .
            REPRESENTED BY PP ASSAM

            2:SRI NRIPEN BARMAN
             S/O LATE HARENDRA BARMAN

            RESIDENT OF BOGULAMARI
            PS AND DIST BONGAIGAON
            ASSA

Advocate for the Petitioner   : MS. M BARMAN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 02-01-2023

Heard Ms. M Barman, learned Legal Aid Counsel representing the applicant. Also heard Mr. PS Lahkar, learned Additional Public Prosecutor, appearing for the Page No.# 2/2

State respondent.

As per office note dated 19.12.2022, the notice has been duly served to the respondent No. 2.

Service is complete.

This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 850 days in preferring the appeal against the judgment and order dated 14.03.2018, passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 69(BNG)/2017 wherein the accused-appellant has been convicted for 10 (ten) years under Section 304 Part-I of the IPC.

Though there is delay of 850 days, however it's a matter of death of a person and the case was registered under Section 302 of the IPC and therefore, the matter should be decided on merit. Hence, the delay of 850 days is condoned.

Registry is directed to register the connected appeal and list the matter for admission.

The Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant