Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 3974 Gua

                                                                 Page No.# 1/3

GAHC010215572023




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

                                 Case No. : Crl.A./359/2023

            MD. AL ISLAM @ ALI ISLAM AND ANR.
            S/O LATE HAZARAT ALI,
            R/O DABLONGTI, P.S.- KACHUA, DIST.- NAGAON, ASSAM.

            2: MD. JAIBUR RAHMAN
             S/O MD. NUR ISLAM

            R/O DABLONGTI
            P.S.- KACHUA
            DIST.- NAGAON
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:ENAMUL HOQUE
             S/O AHMED HUSSAIN

            R/O DABLONGTI
            P.S.- KACHUA
            DIST.- NAGAON
            ASSAM
            PIN- 782425

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 26.09.2023 Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. S. H. Bora, learned Additional Public Prosecutor for the State.

This criminal petition under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellants impugning the judgment dated 31.08.2023 passed by the learned Additional Sessions Judge No. 2, Nagaon in Sessions (T2) Case No. 214/2017 convicting the present appellants under Section 447/34 IPC as well as under Section 324/34 of IPC whereby they were also sentenced to undergo rigorous imprisonment for two months with a fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for ten days under Section 447/34 of IPC. The appellants were also sentenced to undergo rigorous imprisonment for two years with a fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for one month under Section 324/34.

The appeal is admitted.

Issue notice to the respondents.

As regards respondent No. 1, learned Additional Public Prosecutor receives notice, hence, no formal notice is required to be issued to the respondent No. 1.

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However, as regards the respondent No. 2, the petitioner shall take steps for issuance of notice by registered post with A/D within three days from today, returnable on 16.11.2023.

JUDGE

Comparing Assistant