Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 3692 Gua

                                                         Page No.# 1/3

GAHC010201182023




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

                        Case No. : Crl.Rev.P./378/2023

         MD. MUSHARAF HUSSAIN AND 3 ORS
         S/O LATE SAMED ALI
         R/O VILL- BORTHAL KACHARIGAON
         P.S. MOIRABARI
         DIST. MORIGAON, ASSAM

         2: MD. IMDADUL ISLAM
          S/O LATE SAMED ALI
         R/O VILL- BORTHAL KACHARIGAON
         P.S. MOIRABARI
         DIST. MORIGAON
         ASSAM

         3: MD. MOTIUR RAHMAN
          S/O LATE SAMED ALI
         R/O VILL- BORTHAL KACHARIGAON
         P.S. MOIRABARI
         DIST. MORIGAON
         ASSAM

         4: MD. ZIABUR RAHMAN
          S/O LATE SAMED ALI
         R/O VILL- BORTHAL KACHARIGAON
         P.S. MOIRABARI
         DIST. MORIGAON
         ASSA

         VERSUS

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

         2:MUSTT. HABIJA KHATUN
         W/O MOHAMMAD ALI
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            R/O VILL- BORTHAL KACHARIGAON
            P.S. MOIRABARI
            DIST. MORIGAON
            ASSA

Advocate for the Petitioner   : MR. P RAHMAN

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

13.09.2023

Heard Mr. P. Rahman, learned counsel for the petitioners and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

In this petition under Section 397, read with Section 401 of the Code of Criminal Procedure, 1973, the petitioners, namely, Md. Musharaf Hussain, Md. Imdadul Islam, Md. Motium Rahman and Md. Ziabur Rahman have challenged the correctness or otherwise of the judgment and order dated 10.08.2023, passed by the learned Sessions Judge, Morigaon, in Criminal Appeal No.20/2019. It is to be noted here that vide impugned judgment and order, the learned Court below has partially modified the impugned judgment and order dated 23.04.2019 passed by the learned SDJM, Morigaon, in G.R. Case No.2770/2015, convicting the petitioners under Section 447/341/323/34 IPC and to pay fine of ` 500/- each, under Section 447 IPC and also sentenced them to suffer 15 days imprisonment with default stipulation and also to pay a fine of ` 500/- each, with default stipulation under Section 341 of the IPC and S.I. for a period of 3 months, each, under Section 323 IPC.

Let notice be issued, returnable within 4(four) weeks.

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Steps be taken upon the respondent No.2 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. P. Borthakur, learned Additional P.P. entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Borthakur during the course of the day.

Call for the scanned copy of the record from the learned Court below.

List the matter after 4(four) weeks.

Till disposal of this revision petition, the petitioners are allowed to remain on previous bail.

Sd/- Robin Phukan JUDGE

Comparing Assistant