Gohit Das vs The State Of Assam And Anr
2023 Latest Caselaw 4731 Gua

Gauhati High Court

Gohit Das vs The State Of Assam And Anr on 24 November, 2023

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GAHC010246532023




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

                                Case No. : Crl.Rev.P./500/2023

            GOHIT DAS
            S/O LATE LAKHIRAM DAS
            R/O SARAGURI KAIBARTA GOAN
            P.S. GAURISAGAR
            DIST. SIVASAGAR, ASSAM



            VERSUS

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

            2:SMTI. BHABONA HAZARIKA
             W/O SRI JAYANTA HAZARIKA
            R/O SARAGURI KAIBORTA GOAN
            P.S. GAURISAGAR
            DIST. SIVASAGAR
            ASSA

Advocate for the Petitioner   : MR P KATAKI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

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24.11.2023

Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

This application under Section 397/401 of the Code of Criminal Procedure, 1973 has been filed impugning the Judgment and Order dated 11.08.2023 passed by the learned Sessions Judge, Sivasagar, in Criminal Appeal No. 41(4)/2019, whereby, the appeal preferred by the present petitioner before the said Court impugning the Judgment and Order passed by learned Sub-Divisional Magistrate, Sivasagar in G.R. Case No. 690/2017 was dismissed and the Judgment was passed by the learned Trial Court was upheld.

By the Judgment passed by the learned Trial Court the present petitioner was convicted under Section 448 of the Indian Penal Code and was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for seven days. He was also convicted under Section 354 of the Indian Penal Code and was sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs. 5,000 and in default to undergo simple imprisonment for 3 months under Section 354 of the Indian Penal Code.

Let the case record of Criminal Appeal No. 41(4)/2019 be called for from the Court of learned Sessions Judge, Sivasagar as well as case record of G.R. Case No. 690/2017 be called for from the Court of learned Sub-Divisional Magistrate, Sivasagar.

Let notices be issued to the respondents.

As learned Additional Public Prosecutor has appeared 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 petitioner shall take steps for Page No.# 3/3

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 4(four) weeks.

Let this case be listed again after 4(four) weeks.

JUDGE

Comparing Assistant