Parameswar Rajowar @ Parameswar ... vs The State Of Assam And Anr
2023 Latest Caselaw 2217 Gua

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GAHC010110382023




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

                                 Case No. : Crl.A./177/2023

            PARAMESWAR RAJOWAR @ PARAMESWAR RAJUWAR
            S/O LATE BOLORAM RAJOWAR,
            R/O CHAKI MUKH HALUWA GAON,
            P.O.- NAZIRA, P.S.- NAZIRA, DIST.- SIVASAGAR, ASSAM.



            VERSUS

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

            2:PADMESHWAR RAJOWAR
             S/O LATE MOTILAL RAJOWAR

            R/O BON BAGICHA
            WARD NO. 9

            P.S.- DERGAON
             DIST.- GOLAGHAT
            ASSAM

Advocate for the Petitioner   : MS. RUKMINI BARUA

Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 26.05.2023

Heard Ms. R. Barua, learned counsel for the appellant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor appearing for the State/respondent No. 1.

This is an application filed under Section 374 Cr.P.C. against the judgment and order dated 12.04.2023 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 01(S-N)/2019, whereby the accused/appellant was convicted under Section 304 IPC, sentenced him to undergo rigorous imprisonment for a period of 7(seven) years and to pay fine of Rs.2,000/-, in default of payment of fine, simple imprisonment for 2(two) months for the offence under Section304, part-II of I.P.C.

The appeal is admitted.

Issue notice.

The learned counsel for the appellant is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within 4(four) weeks. The steps be taken within 7(seven) days.

No formal notice required to be served upon the respondent No.1 as because Mr. Barthakur, learned Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Mr. Barthakur. Call for the LCR.

List accordingly.

JUDGE

Comparing Assistant