Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 14 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010142822024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Crl.A./240/2024
MD. TAMSER ALI AND 4 ORS.
S/O LATE RAIJUDDIN
VILL.- BARJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM PIN- 784525.
2: LAL MIAH
S/O LATE RAIJUDDIN
VILL.- BARJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM PIN- 784525.
3: MD. GAJEBUR RAHMAN
S/O MD. ASKAR ALI
VILL.- BARJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM PIN- 784525.
4: BADSA MONDAL @ MD. BADSHA ALI
VILL.- BARJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM PIN- 784525.
5: MD. AIBOR ALI
S/O KAMAL SK.
VILL.- BARJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
Page No.# 2/3
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:MD. NABALUDDIN SEIKH
S/O MD. JAMIRUDDIN
VILL.- BORJHAR BAGICHA
P.S.- KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525.
------------
Advocate for : MR. M A SHEIKH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
14.08.2024
[Manish Choudhury, J.]
Heard Mr. M.A. Sheikh, learned counsel for the appellants and Mr. K.K. Das, learned
Additional Public Prosecutor for the respondent no. 1 State.
2. The instant criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 is directed against a Judgment dated 18.06.2024 and Order on Sentence dated
20.06.2024 passed by the Court of learned Sessions Judge, Udalguri in Sessions [I] Case no.
6 of 2019. By the said Judgment and Order on Sentence, the accused-appellants have been
convicted for the offences under Sections 148/149/302, Indian Penal Code [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. 10,000/- each, in default of payment of
fine, to undergo simple imprisonment for another 2 [two] months. For the offence under
Page No.# 3/3
Section 148, IPC, all the accused-appellants have been sentenced to undergo rigorous
imprisonment for 1 [one] year. It has been ordered that the sentences shall run concurrently.
3. We have perused the contents of the memorandum of criminal appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of Sessions [I] Case no. 6 of 2019 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Das, learned Additional Public Prosecutor has appeared and accepted notice on
behalf of the respondent no. 1, issuance of formal notice stands dispensed with. Mr. Sheikh,
learned counsel for the appellants shall furnish requisite nos. of extra copies of the appeal
memo along with annexures to Mr. Das within 3 [three] working days from today.
8. The 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.
9. List the case after 4 [four] weeks.
JUDGE JUDGE
Comparing Assistant
