Sankar Pator vs The State Of Assam And Anr
2023 Latest Caselaw 4191 Gua

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GAHC010012452023




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

                                Case No. : CRL.A(J)/115/2023

             SANKAR PATOR
             S/O-SRI CHAMPAK PATOR, R/O-GERUWAGAON, ATABARI, P.S.-
             DHARAMTUL, DIST.-MORIGAON, ASSAM

             VERSUS

             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY PUBLIC PROSECUTOR, ASSAM

             2:SRI AJIT KUMAR BARMAN
              S/O-LATE BIRENDRA BARMAN
              R/O-DRY FISH MARKET
              JAGIROAD
              DIST.-MORIGAON
             ASSA

Advocate for the Petitioner   : MR. B HALDAR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : 09-10-2023 (M. Zothankhuma, J)

Heard Mr. B Haldar, learned counsel for the appellant, who submits that the order dated 17.07.2017 passed by the learned Trial Court in Sessions Case No. 39/2017, by which the appellant has been convicted under Sections Page No.# 2/2

120(B)/307/511 IPC read with Section 4 of the Explosives Act should be set aside, inasmuch as, no pleading of guilt allegedly made by the appellant was recorded by the learned Trial Court, as has been stated in paragraph 14 of the judgment dated 27.06.2022 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 39/2017. Vide the above judgment, the two co-accused namely, Jiten Pator and Motiram Deuri have been acquitted of the charges framed against them.

Admit the appeal. Call for the LCR.

Ms. S Jahan, learned Additional Public Prosecutor appears for the State respondent.

List the matter on 06.11.2023.

We would have to see whether the appellant had made any admission regarding his plea of guilt under Section 229 Cr.PC either in the order sheet of the learned Trial Court or in the "Form" used for framing of charge by the learned Trial Court.

                                          JUDGE             JUDGE




Comparing Assistant