Jitendra Roy @ Jatin vs The State Of Assam And Anr
2023 Latest Caselaw 3981 Gua

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GAHC010215982023




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

                                 Case No. : Crl.A./366/2023

            JITENDRA ROY @ JATIN
            S/O LATE RAISHINI ROY,
            R/O DAKHIN BHOMORAGURI, P.S.- RUPAHIHAT, DIST.- NAGAON, ASSAM.

            VERSUS

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

            2:BRAHMANANDA ROY
             S/O LATE GIYANENDRA ROY
             R/O NO. 2 PACHIM SOWALONI
             P.O.- PACHIM SOWALONI
             P.S.- RUPAHIHAT
             DIST.- NAGAON (ASSAM)
             PIN- 782124.

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 26.09.2023 Heard Mr. A. Ahmed, learned counsel for the appellant.

This criminal petition has been filed by the appellant impugning the judgment and order dated 21.08.2023 passed by the Court of Additional Sessions Page No.# 2/2

Judge No. 2, Nagaon in Sessions (T1) Case No. 41/2015 whereby the present appellant was convicted under Section 304B of IPC and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- and in default of payment of fine to suffer simple imprisonment for six months.

The appeal is admitted.

Call for the LCR.

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.

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

JUDGE

Comparing Assistant