Uttam Biswas vs The State Of Assam And Anr
2024 Latest Caselaw 5467 Gua

Gauhati High Court

Uttam Biswas vs The State Of Assam And Anr on 2 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                      Page No.# 1/2

GAHC010027382024




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

                                   Case No. : Crl.A./230/2024

            UTTAM BISWAS
            S/O LATE SUSHIL BISWAS, VILL.- JHAPSHABAI PART- IV, P.S.- AGOMANI,
            DIST.- DHUBRI, ASSAM.

            VERSUS

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

            2:BISHNU BISWAS
             S/O LATE CHANTU BISWAS
            VILL.- JHAPSHABAI PART- IV
             P.S.- AGOMANI
             DIST.- DHUBRI
            ASSAM
             PIN- 783331

Advocate for the Petitioner   : MR. A RAHMAN,

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                            ORDER

Date : 02.08.2024 [Manish Choudhury, J]

In this criminal appeal is directed against a Judgment and Order dated 15.06.2024 passed by the Page No.# 2/2

Court of Additional Sessions Judge, Dhubri in Sessions Case no. 160/2018. By the Judgment and Order dated 15.09.2023, the accused-appellant has been convicted for the offences under Sections 302/447/324 of the Indian Penal Code [IPC]. For the offence under Section 302, IPC, the accused- appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 3 [three] months. For the offences under Section 324, IPC and Section 447, IPC different terms of sentences had been imposed. It has been order that all the sentences are to run concurrently.

3. The criminal appeal is admitted for hearing.

4. The case records of Sessions Case no. 160/2018 be called for.

5. Issue notice, returnable in 4 [four] weeks.

6. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1, stands dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Begum within 3 [three] working days from today.

7. The learned counsel for the accused-appellants shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

8. List the case after 4 [four] weeks.

                                                                    JUDGE                      JUDGE

Comparing Assistant