Abed Ali vs The State Of Assam And Anr
2023 Latest Caselaw 1723 Gua

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GAHC010072402023




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

                                Case No. : CRL.A(J)/54/2023

            ABED ALI
            S/O LATE GADU MIYA,
            VILL.- JAGIRPAM,
            P.O.- SONKUCHI,
            P.S. AND DIST.- BARPETA, ASSAM, PIN- 781314.



            VERSUS

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

            2:BABUL HUSSAIN
             S/O LATE ALI HUSSAIN

            VILL.- JOGIRPAM

            P.O.- SONKUCHI

            P.S. AND DIST.- BARPETA
            ASSAM
             PIN- 781314

Advocate for the Petitioner   : MS N HASAN

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

                                     ORDER

Date : 02.05.2023

Heard Ms. N. Hasan, learned counsel for the applicant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1.

This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence, dated 03.02.2023, passed by the learned Additional Sessions Judge, Barpeta, in Sessions Case No. 60/2018, whereby, the applicant/appellant was sentenced to undergo Rigorous Imprisonment for 3 (three) years for the offence punishable under Section 304 Part-II of the Indian Penal Code.

Admit.

Issue notice to the respondents, returnable in 4 (four) weeks.

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 during the course of the day, if not already furnished.

Learned counsel for the petitioners shall take steps for causing service of Page No.# 3/3

notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also, call for the LCR from the learned Court below.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant