Bedabrat Borah vs The State Of Assam And 2 Ors
2023 Latest Caselaw 4702 Gua

                                                                     Page No.# 1/2

GAHC010256742023




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

                                 Case No. : Crl.A./422/2023

            BEDABRAT BORAH
            S/O MUHI KANTA BORAH,
            VILL.- RONGPURIA UNDER LAKHIMPUR POLICE STATION IN THE
            DISTRICT OF LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY P.P., ASSAM.

            2:TIKENDRAJIT BARUAH
             S/O LATE BOHRAM BARUAH

            VILL.- MAJGAON
            POHUMORA UNDER LAKHIMPUR POLICE STATION IN THE DISTRICT OF
            LAKHIMPUR
            ASSAM
            PIN-

            3:JANARDAN KONWAR
             S/O LATE N.K. KONWAR

            VILL.- MAJGAON
            POHUMORA UNDER LAKHIMPUR POLICE STATION IN THE DISTRICT OF
            LAKHIMPUR
            ASSAM
            PIN

Advocate for the Petitioner   : MR Z KAMAR

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

                                        ORDER

20.11.2023 (M. Zothankhuma, J.)

Heard Mr. P. Choudhury, learned counsel for the appellant submits that vide the judgment dated 13.09.2023 passed by the Court of the Additional Sessions Judge, Lakhimpur at North Lakhimpur, in Sessions Case No.30(NL)/2013, by which the accused no.1 has been convicted under Section 325 and 120(B) and accused no.2 convicted under Section 325/120(B)/279/304 Part-II IPC.

The counsel for the appellant submits that the learned Trial Court should have convicted both the accused persons under Section 302 IPC and sentenced them accordingly.

Admit the appeal.

Call for the LCR.

Issue Notice returnable in 4 (four) weeks.

Ms. N. Das, learned Additional Public Prosecutor appears for the State.

Appellant to take steps for service of notice upon the respondent nos.3 & 3 by registered post with AD within 3 (three) days.

List the matter after four weeks.

                        JUDGE                         JUDGE

Comparing Assistant