Burhan Uddin Laskar vs The State Of Assam
2023 Latest Caselaw 4215 Gua

                                                                  Page No.# 1/3

GAHC010227192023




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

                                 Case No. : Crl.Rev.P./442/2023

            BURHAN UDDIN LASKAR
            S/O LATE KARIM UDDIN LASKAR
            VILL- BAWARTHAL, P.S. ALGAPUR, P.O. KALIBARI BAZAR,
            DIST. HAILAKANDI, ASSAM



            VERSUS

            THE STATE OF ASSAM
            TO BE REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR. A M BARBHUIYA

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/976/2023

            BURHAN UDDIN LASKAR
            S/O LATE KARIM UDDIN LASKAR
            VILL- BAWARTHAL
            P.S. ALGAPUR
            P.O. KALIBARI BAZAR

            DIST. HAILAKANDI
            ASSAM
                                                                            Page No.# 2/3

           VERSUS

           THE STATE OF ASSAM
           TO BE REP. BY THE PP
           ASSAM

           ------------
           Advocate for : MR. A M BARBHUIYA
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM


                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

10.10.2023

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. In this revision petition, under Sections 397/401 of the Cr.P.C. read with Article 227 of the Constitution of India, the petitioner has put to challenge the correctness or otherwise of the judgment and order dated 21.09.2023, passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 23/2023.

3. It is to be noted here that vide impugned judgment and order dated 21.09.2023, the learned court below has set aside the judgment and order dated 20.07.2023, passed by the learned Assistant Sessions Judge, Hailakandi in Sessions Case No. 11/2023 and remanded the matter for fresh judgment and order, without setting the petitioner at liberty, who has been languishing in jail hazot, since 21.09.2023, without any authority of law.

4. Perused the petition as well as the documents placed on record and also perused the judgment and order dated 21.09.2023, passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 23/2023.

5. Let notice be issued to the respondent, within a week from today, returnable in 3 weeks. As Mr. Borthakur has appeared and accepted notice on Page No.# 3/3

behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. It appears that, vide impugned judgment and order dated 21.09.2023, the learned court below has set aside judgment of conviction of the petitioner as the punishment for the commission of the offence under Section 376 of the IPC shall not be less than 10 years and the same may extend to imprisonment for life even and thereafter, the learned court below has remanded the matter to hear both the parties on the point of conviction and sentence, thereafter, pass a fresh judgment by following due procedure of law. It further appears that the learned court has passed the aforesaid judgment and order without discussing any evidence and arriving at finding that the finding of guilt of the petitioner is not warranted in the view of the materials on record, though the sentencing part may not be correct and as such, the judgment and order of the learned Sessions Judge suffers from manifest illegalities and improprieties and therefore, this Court is inclined to stay the impugned judgment and order dated 21.09.2023, passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 23/2023.

6. Accordingly, the impugned judgment and order dated 21.09.2023, passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 23/2023, stands stayed.

7. The Registry shall call for the record from the learned court below.

8. List the matter again on 06.11.2023.

JUDGE

Comparing Assistant