On The Death Of Partha ... vs The State Of Assam And Anr
2023 Latest Caselaw 4171 Gua

                                                             Page No.# 1/3

GAHC010184742023




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


          I.A.(Crl.)/732/2023

         ON THE DEATH OF PARTHA BHATTACHARJEE HIS LEGAL HEIR MANJU
         BHATTACHARJEE
         W/O LATE SAITENDRA KR BHATTACHARJEE (MOTHER OF PARTHA
         BHATTACHARJEE)
         VILL.- NATUNPARA
         W/NO. 16
         P.S.- BONGAIGAON
         DIST.- BONGAIGAON
         ASSAM.


          VERSUS

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


         ------------
         Advocate for : MR. U CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                         Crl.A./151/2023

         PARTHA BHATTACHARJEE
         S/O LATE SAITENDRA KR BHATTACHARJEE

         VILL.- NATUNPARA
         W/NO. 16

         P.S.- BONGAIGAON
          DIST.- BONGAIGAON
                                                                                         Page No.# 2/3

             ASSAM.


             VERSUS

             THE STATE OF ASSAM AND ANR.
             TO BE REP. BY P.P.
             ASSAM.

             2:BHRIGU HAZARIKA
             S/O UNKNOWN

             C/O SAYED NUR RAHMAN

             R/O NAGAR SASTRI PATHA
             WARD NO.- 9
             NORTH BONGAIGAON
             DIST.- BONGAIGAON
             ASSAM.
             ------------
             Advocate for : MR. J I BORBHUIYA
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

Date : 09-10-2023

Heard Mr. U. Choudhury, learned counsel for the applicant and also heard Mr. K. K. Parasar, learned Addl. P. P. for State respondent.

This application u/s 394(2) of Cr. P. C is preferred by the applicant, Smti Manju Bhattacharjee for substitution of legal heirs of deceased accused / appellant, namely, Partha Bhattacharjee to continue with the appeal being Crl. Appeal No.151/2023, wherein the judgment and order dated 20.3.2023, passed by the learned Special Judge, Bongaigaon, in Special (P) Case No. 6(BGN) of 2020 arising out of Bongaigaon P. S. Case No. 882/2019 is challenged. It is to be noted here that vide impugned judgment and order, the learned Court below has convicted the appellant u/s 10 of the POCSO Act and sentenced him to suffer rigorous imprisonment for five years with fine of Rs. 30,000/- with default stipulation.

Mr. Choudhury, learned counsel for the applicant submits that challenging the judgment and order dated 20.3.2023, passed by the learned Special Judge, Bongaigaon, the appellant has already preferred an appeal, being Crl. A No. 151/2023, and during pendency of the said appeal, the appellant suffered demise. Now his mother, Smt. Manju Bhattacharjee prays for substitution of her name as the legal heirs of the appellant to continue with the appeal.

Having heard the submission for the applicant and also considering the facts and circumstances of the Page No.# 3/3

record, this Court finds sufficient grounds to allow this petition, so that the applicant may continue the Crl.A. No. 151/2023.

In view of order passed in I.A., Registry shall make necessary correction in the cause title of the Criminal Appeal No.151/2023.

In terms of above, this I.A stands disposed of.

JUDGE

Comparing Assistant