Md. Lal Miya vs The State Of Assam And Anr
2024 Latest Caselaw 5919 Gua

Gauhati High Court

Md. Lal Miya vs The State Of Assam And Anr on 14 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/2

GAHC010158322024




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

                                  Case No. : Crl.A./251/2024

            MD. LAL MIYA
            S/O ABDUL SALAM,
            VILL.- CHUBURA CHUBURI, P.S.- ORANG, DIST.- UDALGURI, ASSAM.



            VERSUS

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

            2:JABBAR ALI
             S/O MD. SAHAR ALI

            VILL.- CHUBURA CHUBURI
            P.S.- ORANG
            DIST.- UDALGURI
            ASSAM

Advocate for the Petitioner   : MR. B BARUAH, MR U RONGPI,MRS. S D DEKA

Advocate for the Respondent : PP, ASSAM,
                                                                                         Page No.# 2/2


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

                                                ORDER

Date : 14.08.2024 [M. Choudhury, J]

Heard Ms. S. Deka, learned counsel appearing for the accused-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

This criminal appeal under Section 415 [2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 is directed against a Judgment dated 08.07.2024 and an Order of sentence dated 10.07.2024 passed by the court of learned Sessions Judge, Udalguri in Sessions Case No. [I] No. 53/2018. By the said Judgment and Order, the accused-appellant has been convicted for the offence under Section 302, IPC and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 [three] months.

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] No. 53/2018 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-appellant 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.

JUDGE

Comparing Assistant