Raju Chouhan vs The State Of Assam And Anr
2023 Latest Caselaw 4685 Gua

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GAHC010256762023




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

                                 Case No. : Crl.A./418/2023

            RAJU CHOUHAN
            S/O SRI CHANDRADEO CHOUHAN,
            VILL.- LENGRIBORI, P.S.- BHURAGAON, DIST.- MORIGAON, ASSAM.



            VERSUS

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

            2:SUDARSHAN CHOUHAN
             S/O SRI BISWANATH CHOUHAN

            VILL.- LENGRIBORI
            P.S.- BHURAGAON
            DIST.- MORIGAON
            ASSAM
            PIN- 782121

Advocate for the Petitioner   : MR. B K MAHAJAN

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE

               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

18.11.2023

Heard Mr. N. Mahajan, learned counsel for the appellant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, namely, Raju Chouhan impugning the Judgment and Order dated 13.10.2023 passed by learned Sessions Judge, Morigaon in Sessions Case No. 87/2016 whereby, the present appellant has been convicted under Section 304 Part-II of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 5(five) and to pay a fine of Rs. 20,000 and in default to undergo simple imprisonment for 6(six) months.

The appeal is admitted for hearing.

Issue notice to the respondents.

As Mr. B. Sarma, learned Additional Public Prosecutor appears for the respondent No. 1, no formal notices need to be issued to the respondent No. 1. However, as regards respondent No. 2 is concerned, the appellant shall take steps for issuance of notice on the respondent No. 2 by registered post with A/D within 3(three) days from the date of this order, returnable after 3(three) weeks.

JUDGE

Comparing Assistant