Achinta Deka vs The State Of Assam And Anr
2023 Latest Caselaw 3651 Gua

                                                                       Page No.# 1/2

GAHC010195572023




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

                             Case No. : Crl.A./325/2023

          ACHINTA DEKA
          S/O LATE GAURI DEKA,
          VILL.- KHUDRA ANRIKHOWA, P.O. AND P.S.- SARTHEBARI, DIST.-
          BARPETA, ASSAM.

          VERSUS

          THE STATE OF ASSAM AND ANR.
          REP. BY THE P.P., ASSAM.
          2:RABIN DAS
           S/O LATE DHARMESWAR DAS
          VILL.- NOONMATI, NO. 1 SALBARI
           P.O. AND P.S.- NOONMATI
           DIST.- KAMRUP (METRO)
          ASSAM, GUWAHATI- 781020

Advocate for the Petitioner : MR. N N B CHOUDHURY
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 11.09.2023

Heard Mr. NNB Choudhury, learned Counsel for the appellant and also heard Mr. D. Das, learned Addl. P.P. for the respondent State.

This appeal u/s 374 (2) of Cr.P.Cis preferred by the appellant, Sri Achinta Page No.# 2/2

Deka, chellenging the correctness or otherwiseof the judgment and order dated 26.7.2023, passed by learned Addl. Sessions Judge,(FTC) Barpeta in Sessions Case No. 184/2021, arising out of Sarthebari P.S.Case No. 279/2020.

It is to be noted herein that vide impugned judgment and order dated 26.7.2023, the learned Court below has convicted the appellant u/s 306/304(B) IPC and sentenced him to suffer rigorous imprisonment for ten years u/s 304 (B) IPC and also to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with default stipulation, u/s 306 IPC.

Perused the petition and the grounds mentioned therein and also perused the impugned judgment and order dated 26.7.2023.

Admit.

Call for the record from the learned Court below.

Issue notice to respondent No.2 returnable in four weeks .

Steps be taken by registered post and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1, since Mr.D. Das, learned Addl. P.P.appears and received notice on behalf of respondent No.1. However, extra requisite copies of the appeal be furnished to him during the course of the day.

List the matter after four weeks.

JUDGE

Comparing Assistant