Page No.# 1/2 vs The State Of Assam And 3 Ors
2024 Latest Caselaw 5843 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And 3 Ors on 13 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                            Page No.# 1/2

GAHC010135202024




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

                                Case No. : Crl.Rev.P./302/2024

            BIJU MAJHI AND ANR
            S/O LATE CHUTU MAJHI
            R/O VILL- SANTAK NAGAON, P.O. AND P.S. BIHUBOR, IN THE DISTRICT OF
            SIVASAGAR, ASSAM, PIN-785696.

            2: SRI POLASH BHUMIJ
             S/O RAM PRASAD BHUMIJ
            R/O VILL- SANTAK NAGAON
             P.O. AND P.S. BIHUBOR
             IN THE DISTRICT OF SIVASAGAR
            ASSAM
             PIN-785696

            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PP, ASSAM

            2:SMTI. JANMONI KONWAR
            W/O JUNTI KONWAR

            3:SRI JUNTI KONWAR
             S/O LATE NILA KANTA KONWAR

            4:SRI SOMESWAR KONWAR
             S/O LATE NILA KANTA KONWAR
            THE ABOVE RESPONDENTS NO. 2 TO 4 ARE RESIDENT OF VILL- SANTAK
            NAGOAN
             P.O. AND P.S. BIHUBOR
             IN THE DISTRICT OF SIVASAGAR
            ASSAM
             PIN-78569

Advocate for the Petitioner   : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA
                                                                        Page No.# 2/2

Advocate for the Respondent : PP, ASSAM,

                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

13.08.2024

Heard Mr. M. Kalita, learned counsel for the petitioners and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam.

The petitioners have filed an application under Section 397 Cr.P.C. read with Section 401/482 Cr.P.C. against the judgment and order dated 13.06.2024 passed by the learned Sub-Divisional Judicial Magistrate(M), Nazira, Sivasagr in G.R. Case No. 269/2016 sentencing them to undergo rigorous imprisonment for 2 years each under Section 324 IPC and subsequently, on appeal, the sentence was reduced to six months each along with fine.

As Mr. D. P. Goswami, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, no formal notice need to be issued. However, a copy of the petition along with the documents annexed thereto be furnished to him.

Issue notice to the respondent Nos.2, 3 and 4 by registered A/D post and usual process, returnable within 4(four) weeks.

Call for the trial court record pertaining to GR Case No. 269/2016.

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant