Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 4028 Gua

                                                                   Page No.# 1/3

GAHC010219392023




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

                           Case No. : Crl.A./370/2023

         HUNU MODI @ HANU MODI AND 2 ORS.
         S/O SHRI KULAI MODI,
         R/O BORHOLLA BOC LINE, P.S.- BORHOLLA, DIST.- JORHAT, ASSAM, PIN-
         785014.

         2: ARUP NAGBONSHI
          S/O SHRI BARUAH NAGBONSHI

         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
         ASSAM
         PIN- 785014.

         3: KISHAN NAGBONSHI
          S/O SHRI PADMA NAGBONSHI

         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
         ASSAM
         PIN- 785014

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY LEARNED P.P.

         2:DIPALI MODI
         W/O SHRI PHAGU MODI

         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
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             ASSAM
             PIN- 785014

Advocate for the Petitioner   : MR. S SARMA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 28.09.2023

Heard Mr. R. Hazarika, learned counsel for the petitioner. This appeal under Section 374 of the Code of Criminal Procedure, 1973, has been filed by the appellants, namely, (1) Hunu Modi @ Hanu Modi, (2) Arup Nagbonshi, And (3) Kishan Nagbonshi impugning the judgment dated 24.07.2023 passed by learned Sessions Judge, Jorhat in Sessions Case No. 133 (JT)/2018 whereby all the above named appellants were convicted under Sections 325/34 of the Indian Penal Code and were sentenced to undergo rigerours imprisonment and to pay a fine of Rs. 10,000/- each, and in default of payment to undergo another period of imprisonment for three months.

This appeal is admitted.

Let the case record of Sessions Case No. 133(JD)/2018 be called for from the Court of learned Sessions Judge, Jorhat.

Issue notice to the respondents.

As regards respondent No. 1, learned Additional Public Prosecutor receives the notice, therefore no formal notice needs to be issued.

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However, as regards respondent no.2 the appellants shall take steps of issuance of notice by registered post with A/D, returnable after four weeks.

Let this matter be listed after four weeks.

JUDGE

Comparing Assistant