Jayanta Basumatary vs The State Of Assam And Anr
2023 Latest Caselaw 1713 Gua

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GAHC010081062023




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

                                  Case No. : Crl.A./143/2023

            JAYANTA BASUMATARY
            S/O LATE BENUDHAR BASUMATARY,
            VILL.- RWIMUPUR,
            P.S.- DHALIGAON,
            DIST.- CHIRANG, ASSAM.



            VERSUS

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

            2:RITA BALA BASUMATARY
            W/O JAYANTA BASUMATARY

            R/O BENGTAL GATE

            P.S.- DHALIGAON

            DIST.- CHIRANG
            BATD
            ASSAM
            PIN

Advocate for the Petitioner   : MRS. B GOGOI

Advocate for the Respondent : PP, ASSAM
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                              BEFORE
               HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

Date : 02.05.2023 Heard Ms. B. Gogoi, learned Counsel appears for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State of Assam.

(2) This is an appeal preferred by the appellant against the Judgment and order dated 20.03.2023, passed in Sessions Case No. 01/2022 by the Court of learned Additional Sessions Judge, Chirang at Kajolgaon. By the said Judgment, the appellant was convicted under Section 324 of IPC and was sentenced to Simple Imprisonment for 1 (one) year and to pay a fine of Rs.10,000/-, and in default to undergo Simple Imprisonment for another 30 days.

(3) Learned counsel for the appellant submits that the Court of Addl. Sessions Judge, Chirang at Kajolgaon incorrectly appreciated the evidences adduced and came to a wrong conclusion and therefore, being aggrieved, the appeal has been field.

(4) It is further submitted that vide order dated 20.03.2023 on a bail petition preferred on behalf of the appellant, the Court of Addl. Sessions Judge, Chirang, Kajolgaon permitted the petitioner to remain on previous bail till the next date fixed.

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(5) Accordingly, upon hearing the learned counsels for the parties, let the Appeal be admitted.

(6) Call for the Records of Sessions Case No. 01/2022 from the Court of learned Additional Sessions Judge, Chirang at Kajolgaon.

(7) Since the appeal is admitted and the appellant was on previous bail, the appellant is permitted to remain on previous bail.

(8) Let the matter be listed for hearing upon receipt of the LCR called for. Accordingly, list this matter in the month of August, 2023.

JUDGE

Comparing Assistant