Md. Suruj Jamal vs The State Of Assam And Anr
2024 Latest Caselaw 155 Gua

Gauhati High Court

Md. Suruj Jamal vs The State Of Assam And Anr on 10 January, 2024

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GAHC010289992023




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

                                 Case No. : Crl.Rev.P./9/2024

            MD. SURUJ JAMAL
            S/O LATE ABDUR RASHID
            R/O VILL- KARATIPAM
            P.S. MORIGAON
            DIST. MORIGAON, ASSAM
            PIN-782105

            VERSUS

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

            2:MD. INTAJ ALI
             S/OLT. MUSLEM UDDIN
            R/O VILL- KARATIPAM
            P.S. MORIGAON

            DIST. MORIGAON
            ASSAM
            PIN-78210

Advocate for the Petitioner   : MR. D C BORAH

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 10.01.2024 Heard Mr. K. M. Hassan, learned counsel for the petitioner.

This application under Sections 401/397 of the Code of Criminal Procedure, Page No.# 2/3

1973 has been preferred by the petitioner impugning the judgment and order dated 24.03.2021 passed by the learned Additional Chief Judicial Magistrate, Morigaon in G.R. Case No. 217/2015 whereby the petitioner was convicted under Section 457 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- and was also convicted under Section 326 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.25,000/- with default stipulation. It was directed that both the sentences would run concurrently. The petitioner has also impugned the judgment and order dated 16.11.2023 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 5/2021 whereby the judgment passed by the Trial Court was upheld. However, the conviction under Section 457 was converted into conviction under Section 450 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.20,000/-.

Learned counsel for the petitioner has submitted that the First Appellate Court has converted the conviction of the present petitioner from Section 457 to Section 450, however an offence under Section 450 is triable exclusively by the Court of Sessions. Hence, it is submitted that the First Appellate Court heard in convicting the petitioner under Section 450 of the Indian Penal Code.

Issue notice to the respondents.

Since learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to the respondent No. 1.

As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice to the respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after three weeks.

Call for the LCR.

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Registry to take steps for requisitioning the LCR.

List accordingly.

JUDGE

Comparing Assistant