Sunaram Bhumij vs The State Of Assam
2023 Latest Caselaw 2676 Gua

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GAHC010093452022




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

                                Case No. : CRL.A(J)/57/2022

            SUNARAM BHUMIJ
            TINSUKIA, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.



Advocate for the Petitioner   : MR. S D PURKAYASTHA, AMICUS CURIAE

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

17.07.2023 (M.Zothankhuma,J)

Heard Mr. S.D. Purkayastha, learned Amicus Curiae. Also heard Ms. S. Jahan, Addl. Public Prosecutor appearing for the State.

It has been submitted by both the parties that the appellant expired on Page No.# 2/3

13.02.2023, while being in judicial custody. As he was unwell, he was taken to the Hospital, where he eventually expired. As such, the appeal stands abated.

This appeal has been filed against the Judgment and Order dated 05.04.2022 and Sentence Order dated 07.04.2022 passed by the Sessions Judge, Tinsukia in Session Case No. 99(T) of 2019, by which the appellant had been convicted under Sections 302, 324 and 448 IPC.

The appellant was thereafter sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5000/-, in default, Simple Imprisonment for 6 months under Section 302 IPC. He was also sentenced to undergo Rigorous Imprisonment for one year under Section 324 IPC and Rigorous Imprisonment for three months under Section 448 IPC. All the sentences were to run concurrently. However, the appellant has apparently expired and in support of the same, the Addl. Public Prosecutor has submitted the Cadaver Report issued by the Assam Medical College & Hospital, Dibrugarh and the Death Certificate issued by the Registrar(Birth & Death), Assam Medical College & Hospital, Dibrugarh dated 01.03.2023, which shows that the appellant expired on 13.02.2023.

The Cadaver Report and the Death Certificate issued by the Assam Medical College & Hospital, Dibrugarh are made a part of the record and marked as Annexure 'X' and 'Y' respectively.

In view of the above facts, the appeal stands dismissed as abated.

Send back the LCR.

The fees of the learned Amicus Curiae, if any, shall be paid in terms of the parameters laid down by the State Legal Services Authority, Assam.

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JUDGE JUDGE

Comparing Assistant