Vill.- Majgaon vs The State Of Assam
2023 Latest Caselaw 4401 Gua

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GAHC010236752023




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

                              Case No. : Crl.A./383/2023


          TIKENDRAJIT BARUAH
          S/O LT. BHORAM BARUAH

          VILL.- MAJGAON
          PAHUMARA
          P.S.- NORTH LAKHIMPUR
          DIST.- LAKHIMPUR
          ASSAM.


           VERSUS

          THE STATE OF ASSAM
          REP. BY P.P.
          ASSAM.


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



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

17.10.2023

Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by N. Borah, learned counsel for the appellant and Mr. P. Borthakur, learned Additional Public Page No.# 2/2

Prosecutor for the State respondent.

2. In this petition, under Section 374[2] of the Cr.P.C., the appellant has put to challenge the correctness or otherwise of the judgment and order dated 13.09.2023, passed by the learned District and Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 30[NL]/2013.

3. It is to be noted here that vide judgment and order dated 13.09.2023, the learned court below has convicted the appellant under Sections 120[B]/325 of the IPC and sentenced him to undergo rigorous imprisonment for six years and to pay a fine of Rs. 10,000/- with default stipulation under Section 325 of the IPC and also sentenced him to undergo rigorous imprisonment for six month and to pay a fine of Rs. 5,000/- with default stipulation under Section 120[B] of the IPC.

4. Perused the memo of appeal as well as the documents placed on record.

5. Admit. Let notice be issued to the respondent, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Borthakur has appeared and accepted notice on 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. The Registry shall call for the record from the learned court below.

7. List the matter after 4 [four] weeks.

JUDGE

Comparing Assistant