Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 3776 Gua

                                                                Page No.# 1/2

GAHC010198682023




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

                                Case No. : CRL.A(J)/101/2023

            DIPJYOTI MALAKAR AND ANR.
            S/O NAKUL MALAKAR,
            VILL.- SATDOLA, P.S.- HAJO, DIST.- KAMRUP, ASSAM.

            2: LABANYA MALAKAR
             S/O NAKUL MALAKAR

            VILL.- SATDOLA
            P.S.- HAJO
            DIST.- KAMRUP
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY PUBLIC PROSECUTOR.

            2:MINA DAS
            W/O SRI SUSHIL DAS

            R/O BAMUNDI
            HIRAPARA
            P.S.- SUALKUCHI
            DIST.- KAMRUP
            ASSAM

Advocate for the Petitioner   : MS B R A SULTANA

Advocate for the Respondent : PP, ASSAM
                                                                                           Page No.# 2/2




                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                               ORDER

Date : 25.08.2023

Heard BRA Sultana, learned counsel for the appellants and also heard Mr. K. K. Parasar, learned Addl. P.P. for the State respondent.

This statutory appeal u/s 374/389 IPC is directed against the judgment and order dated 03.07.2023 passed by learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 26/2014 u/s 302 /304 (B)/34 IPC .

It is to be noted here that vide impugned judgment and order dated 03.07.2023 has convicted the appellants namely, Dipjyoti Malakar and Labanya Malakar u/s 302/304(B)/34 IPC and sentenced them to suffer rigorous imprisonment ten years and also to pay a fine of Rs.20,000/- with default stipulation. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned the judgment and order dated 03.07.2023.

Admit.

Call for the record from the learned Court below Let notice be issued to the respondent returnable in four weeks. Steps be taken by respondent No.2 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No. 1 since Mr. K.K.Parasar, learned Addl. P.P. has appeared and accepted notice. However extra requisite copy of the appeal memo be furnished to her during the course of the day.

List the matter after four weeks.

JUDGE

Comparing Assistant