Abdul Wahed vs Md. Saiful Hussain And 3 Ors
2023 Latest Caselaw 2272 Gua

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GAHC010011292023




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

                                  Case No. : Crl.A./39/2023

            ABDUL WAHED
            S/O LATE JOYAN UDDIN,
            NIDAN PUR PAT- II,
            P.S.- LAKHIPUR,
            DIST.- GOALPARA, ASSAM, PIN- 783129.



            VERSUS

            MD. SAIFUL HUSSAIN AND 3 ORS.
            S/O FAZAR ALI.

            2:MD. SANOWAR HUSSAIN MONDOL
             S/O FAZAR ALI.

            3:JOYNAL ABEDIN
             S/O ABDUL RAHMAN.

            4:FAZAR ALI MONDOL
             S/O LATE ALIFUDDIN

            ALL ARE RESIDENT OF VILL.- NIDAN PUR

            P.S.- LAKHIPUR

            DIST.- GOALPARA
            ASSAM
            PIN- 783129

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : MR. A F N U MOLLAH (R-1 to 4)
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 31.05.2023 Heard Mr. M. Hussain, learned counsel for the appellant and Mr. EU Khan, learned counsel appearing on behalf of Mr. A. Ahmed, learned conducting counsel for the respondent Nos. 1 to 4.

This appeal under Section 372 read with Section 386 Cr.P.C. is filed by the appellant against the judgment dated 26.10.2022, passed by the learned Addl. Sessions Judge, Goalpara in Sessions Case No. 13/2015 whereby the respondents were acquitted from the charge under Section 366A/ 376/ 34 IPC.

The appeal is admitted for hearing.

Call for the LCR.

The learned counsel for the appellant is directed to implead the State of Assam as a party as respondent No. 5 in the appeal.

Extra copy of the memo of appeal be furnished to the learned PP for the State respondent No. 5.

List the matter accordingly on receipt of the LCR.

JUDGE

Comparing Assistant