Dhananjay Narah vs State Of Assam And Anr
2024 Latest Caselaw 5606 Gua

Gauhati High Court

Dhananjay Narah vs State Of Assam And Anr on 6 August, 2024

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GAHC010010262013




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

                                     Case No. : Crl.A./255/2013

             DHANANJAY NARAH
             S/O SRI DEBA NARAH, R/O NO. 2 GOROIMARI, P.S. BOGINADI, DIST
             LKHIMPUR, ASSAM.



             VERSUS

             STATE OF ASSAM and ANR.


             2:KILODHAR KAMAN

             S/O LATE LAKHESWAR KAMAN
             R/O NO. 2 GOROIMARI P.S. BOGINADI
             DIST. LAKHIMPUR
             ASSAM

Advocate for the Petitioner : MS. S SAIKIA, MS. B CHOWDHURY, AMICUS CURIAE,MR.E
ALI,MS.K D SARMAH,MSB DEVI

Advocate for the Respondent : , ,PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 06/08/2024

On the next date fixed, Mr. K Baishya, learned Additional Public Prosecutor, Assam shall apprise the Court as to whether the appellant/convicted accused, Sri Dhananjay Narah, son of Sri Deba Narah, resident of No. 2 Goroimari, P.S. Boginadi, District-North Lakhimpur, Lakhimpur is still in jail custody in pursuance of the judgment of conviction and sentence dated 13.05.2013 passed by the Page No.# 2/2

learned Assistant Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 15 (NL)/2013 arising out of Boginadi P.S. Case No. 146/2012 corresponding to G.R. No. 1638/2012, whereby he was convicted under Section 376(2)(f) of IPC (prior to amendment of 376 IPC on 03.02.2013) and sentenced to undergo Rigorous Imprisonment for 8 (eight) years with fine of Rs.25,000/-, in default of payment of fine to undergo Rigorous Imprisonment for another 1 (one) year, setting off the period in custody during investigation and trial of the case.

It is seen from the records of the case that the appellant, Dhananjay Narah was arrested in connection with said Boginadi P.S. Case No. 146/2012 on 22.11.2012 and thereafter, he was released on bail on 11.02.2013. Thereafter, he was again taken into custody on 13.05.2013 to serve the sentence in terms of the impugned judgment of conviction and sentence dated 13.05.2013, noted above.

As on date, the appellant, Sri Dhananjay Narah has already served the sentence of 8 (eight) years being in custody in the District Jail, North Lakhimpur, Lakhimpur in terms of the impugned judgment of conviction and sentence dated 13.05.2013 way back in February, 2021.

Heard-in-part.

List this matter on 08.08.2024.

Copy of this order be furnished to Mr. K Baishya, learned Additional Public Prosecutor, Assam for his necessary use and information to the Superintendent of Police, Lakhimpur, North Lakhimpur and the Superintendent/Jailor, District Jail, Lakhimpur, North Lakhimpur.

JUDGE

Comparing Assistant