Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 14 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010132222024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./247/2024
CHANDRA DAS AND 2 ORS
S/O LATE NIRU DAS, R/O HAPABARI, P.S.- KALAIGAON, DIST.- UDALGURI,
ASSAM, PIN- 784525.
2: KIRAN DAS
W/O CHANDRA DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
3: BROJENDRA @ BRAJESWAR DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P., ASSAM.
2:MANIKA DAS
W/O LATE SUBASH DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525
Advocate for the Petitioner : MR. A K AZAD, MS S DEVI
Page No.# 2/4
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/729/2024
CHANDRA DAS AND 2 ORS
S/O LATE NIRU DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
2: KIRAN DAS
W/O CHANDRA DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
3: BROJENDRA @ BRAJESWAR DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P.
ASSAM.
2:MANIKA DAS
W/O LATE SUBASH DAS
R/O HAPABARI
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
------------
Advocate for : MR. A K AZAD
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 14.08.2024
[M. Choudhury, J]
Heard Mr. A. K. Azad, learned counsel for the accused-appellants and Ms. A. Begum, learned
Additional Public Prosecutor for the respondent no. 1, State of Assam.
This Criminal Appeal is directed against a Judgment dated 28.03.2024 and an Order on sentence
dated 13.03.2024 passed by the Court of learned Additional Sessions Judge, Udalguri in Sessions [I]
Case No. 123/2018. By the said Judgment and Order on sentence, the 3 [three] accused-appellants have
been convicted for the offences under Sections 341/323/302, Indian Penal Code [IPC] read with
Section 34, IPC. For the offence under Section 302, IPC, the accused-appellants have been sentenced to
undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each, in default of payment of
fine, to undergo simple imprisonment for another 3 [three] months. For the offences under Section 341
and Section 323, IPC read with Section 34, IPC, the accused-appellants have been sentenced to
undergo different terms of imprisonment. It has been ordered that all the sentences are to run
concurrently.
We have gone through the contents of the memorandum of appeal.
The Criminal Appeal is admitted for hearing.
The case records of Sessions Case No. [I] 123/2018 be called for.
Issue notice, returnable in 4 [four] weeks.
As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf
of respondent no. 1, State of Assam, issuance of formal notice to the said respondent stands dispensed
with. However, an extra copy of the memorandum of appeal along with annexure be furnished to Ms.
Begum within 3 [three] weeks from today.
The accused-appellants shall take steps for service of notice upon the respondent No. 2 by
Page No.# 4/4
registered post with A/D as well as by usual process within 3 [three] working days from today.
JUDGE
Comparing Assistant
