Gauhati High Court
Utpal Kumar Bhattacharjee vs The State Of Assam And 5 Ors on 14 September, 2023
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GAHC010003992011
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./37/2011
UTPAL KUMAR BHATTACHARJEE
S/O LATE GIRIN CHANDRA BHATTACHARJEE HEAD TEACHER OF 1330
NUMBER BIDYAPARA NAMASUDRAPARA L.P. SCHOOL, R/O R.K. MISSION
ROAD, DHUBRI, UNDER DHUBRI POLICE STATION, IN THE DIST. OF
DHUBRI, WITHIN THE STATE OF ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
2:SOBITA CHOUDHURY
W/O SRI ASHUTOSH CHOUDHURY
3:ASHUTOSH CHOUDHURY
S/O LATE JAYKANTA CHOUDHURY
4:MOMOTA BORAH
W/O SRI NILOMONI BORAH
5:KABITA SARKAR
D/O LATE BHABANI SARKAR
6:KAMAL SARKAR
S/O LATE KAMAKHYA SARKAR
ALL ARE THE RESIDENT OF R.K. MISSION ROAD WARD NO. 16
DHUBRI
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UNDER DHUBRI POLICE STATION IN THE DIST. OF DHUBRI
WITHIN THE STATE OF ASSAM
Advocate for the Petitioner : MR.D DAS
Advocate for the Respondent : MR.N P BARUAH
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 14-09-2023
1. Heard Mr. K. Sarma, learned counsel for appellant and Ms. A. Begum, learned Addl. PP
for the State Respondent No. 1. The other respondents are not represented today.
2. This appeal was filed against the judgment & order dated 06.12.2010 passed by the
learned Sessions Judge, Dhubri in Criminal Appeal No. 5(1)/2010 acquitting the accused
Sobita Choudhury and Ashutosh Choudhury from all the charges except charges u/s 448 IPC,
and also against the order of acquittal of the accused Momota Borah, Kabita Sarkar and
Kamal Sarkar.
3. Vide judgment and order dated 28.01.2010 passed by the Chief Judicial Magistrate in
connection with G.R. Case (DBB) 94/2007 the learned Magistrate had convicted the accused-
persons Sabita Choudhury, Ashutosh Choudhury, Momota Borah, Kabita Sarkar and Kamal
Sarkar u/s 448/294/506/147 IPC and they were sentenced to undergo Simple Imprisonment
for 3 months u/s 448/294/506 IPC and further u/s 147 IPC they were sentenced to undergo
Simple Imprisonment for 1 year each. The accused then preferred an appeal which was
registered as CA No. 51/2010 and vide judgment and order dated 06.12.2010 all the accused
were acquitted from the charges u/s 147/294/506 IPC but the conviction and sentence of
Sabita Choudhury and Ashutosh Choudhury u/s 448 IPC was upheld and the order of
sentence was converted to sentence of fine of Rs. 1,000/- each with default stipulation.
4. Aggrieved by this order in CA No. 5(1)/2010 dated 06.12.2010, the informant Sri Utpal
Kumar Bhattacharjee has preferred appeal against the acquittal and against the fine
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sentence.
5. The learned Addl. P.P. has raised no objection. It is also submitted by the learned Addl.
P.P. that the judgment and order of acquittal was apposite.
6. It is also submitted by the learned counsel for the appellant that the dispute has been
settled amicably between both the parties and this case has been pending since 2011 and
due to efflux of time, the appellant is not willing to proceed with the appeal.
7. I have perused the LCR. The judgment and order dated 06.12.2010 in CA No.
5(1)/2020 was correctly passed by the learned Sessions Judge. However, considering the
submissions of both the sides the conviction and sentence of the accused Sri Sabita
Choudhury and Sri Ashutosh Choudhury u/s 448 IPC to a fine of Rs. 1,000/- each is set aside.
8. This Criminal Appeal No. 37/2011 is hereby dismissed.
9. Send back the LCR.
10. Surety, if any, stands discharged.
JUDGE
Comparing Assistant
