Vill.- Bhakatpara vs The State Of Assam And Anr
2024 Latest Caselaw 5490 Gua

Gauhati High Court

Vill.- Bhakatpara vs The State Of Assam And Anr on 2 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                              Page No.# 1/2

GAHC010145772024




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

                                Case No. : Crl.A./235/2024


            KISHOR PATHAK @ KAMAL PATHAK
            S/O LATE HARGOBIND PATHAK

            VILL.- BHAKATPARA
            (DALONGPAR)
            P.S.- TAMULPUR
            DIST.- BAKSA.

            VERSUS

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

            2:KHAGEN RAJBONGSHI
            S/O LATE SHARAD RAJBONSHI
            VILL.- BARNAGAR
             P.S.- TAMULPUR
             DIST.- BAKSA.
             ------------
            Advocate for : MR P DAS
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR

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

                                         ORDER

Date : 02.08.2024 [Manish Choudhury, J]

Heard Mr. P. Das, learned counsel for the accused-appellant and Ms. A. Begum, learned Page No.# 2/2

Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. The present criminal appeal is directed against a Judgment and Order dated 22.05.2024 passed by the Court of learned Sessions Judge, Baksa, Mushalpur in Sessions Case no. 53/2019. By the Judgment and Order dated 22.05.2024, the learned trial court has convicted the accused-appellant for the offence under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for 6 [six] months.

3. We have perused the contents of the memorandum of appeal.

4. Upon consideration, the criminal appeal is admitted for hearing.

5. The case records of Sessions Case no. 53/2019 be called for.

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

7. 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.

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

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

                                                                  JUDGE                         JUDGE




Comparing Assistant