Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 4658 Gua

                                                                 Page No.# 1/2

GAHC010240992023




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

                                 Case No. : Crl.A./395/2023

            ROHAM ALI AND 2 ORS.
            S/O LATE INNAS ALI,
            RESIDENT OF BHADAIPARA, PS ABHAYAPURI, DIST BONGAIGAON,
            ASSAM

            2: SARBESH ALI @ SARAB
             S/O HASMAT ALI
             RESIDENT OF BHADAIPARA
             PS ABHAYAPURI
             DIST BONGAIGAON
            ASSAM

            3: BADSHA MIA
             S/O LATE SURUTZZAMAL
            RESIDENT OF BHADAIPARA
             PS ABHAYAPURI
             DIST BONGAIGAON
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:JAHURA KHATUN
            W/O HARMUJ ALI
             RESIDENT OF VILLAGE BHERALIPRA PART I
             PS MERERCHAR
             DIST BONGAIGAON
            ASSA

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

17.11.2023

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. Z. Hussain, learned counsel for the appellants and Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 374[2] of the Cr.P.C., the appellants have put to challenge the correctness or otherwise of the judgment and order dated 18.09.2023, passed by the learned Addl. Sessions Judge [FTC], North Salmara, Abhayapuri in Sessions case No. 42[A]/2016.

3. It is to be noted here that vide impugned judgment and order dated 18.09.2023, the learned court below has convicted the appellants under Sections 326/34 of the IPC and sentenced them to suffer RI for 10 years and also to pay a fine of Rs. 50,000/- with default stipulation.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned judgment and order dated 18.09.2023. Admit.

5. Let notice be issued to the respondent No. 2, within a week from today, returnable in 3 weeks, by registered post with A/D and also by usual process. As Mr. Das has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. The Registry shall call for the LCR.

7. List the matter after 3 [three] weeks.

JUDGE

Comparing Assistant