Md. Abjal Husain Laskar vs The State Of Assam And Anr
2023 Latest Caselaw 904 Gua

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GAHC010045782023




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

                                  Case No. : Crl.A./78/2023

            MD. ABJAL HUSAIN LASKAR
            S/O MD. SIRAJ UDDIN LASKAR,
            VILL.- JHALNACHERRA,
            P.S.- RAMNATHPUR,
            DIST.- HAILAKANDI, ASSAM.



            VERSUS

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

            2:MUSTT. SUFANA BEGUM CHOUDHURY
             D/O MD. ALI ASKOR CHOUDHURY

            VILL.- JHALNACHERRA FOREST VILLAGE

            P.O.- JAMIRA

            P.S.- RAMNATHPUR

            PIN- 788162

Advocate for the Petitioner   : MR. N H BARBHUIYA

Advocate for the Respondent : PP, ASSAM
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                   ORDER

Date : 09.03.2023

Heard Mr. N. H. Barbhuiya, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

This appeal under Section 374 of the Code of Criminal Procedure, 1974, is directed against the impugned judgment of conviction & sentence dated 18.01.2023, passed by the learned Additional Sessions Judge, Hailakandi, in Sessions Case No. 26/2020, whereby, the appellant was convicted under Section 365 of the Indian Penal Code and sentenced him to undergo Simple Imprisonment for 3 (three) years and to pay fine of Rs. 5,000/- in default to suffer Simple Imprisonment for another 3 (three) months.

Admit.

Issue notice to the respondents.

Since Mr. D. Das, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, if not already furnished, during the course of the day.

Learned counsel for the appellant shall take steps for causing service of notice upon respondent No. 2 by registered post with A/D as well as by usual Page No.# 3/3

process within a week from today.

Call for the scanned copy of the records from the learned Court below.

Registry to list the matter immediately after receipt of the LCR from the learned Court below.

JUDGE

Comparing Assistant