Gauhati High Court
Page No.# 1/4 vs The State Of Assam 2 Ors on 4 January, 2024
Page No.# 1/4
GAHC010287692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./484/2023
MD. AFTAB UDDIN AND 4 ORS.
S/O MD. HUSSAIN ALI,
VILL.- DHOLAI PART- III, P.O.- DHOLAI MOLAI, P.S.- KATLICHERRA, DIST.-
HAILAKANDI (ASSAM), PIN- 788161.
2: MD. NAZIM UDDIN
S/O MD. ABDUL NOOR
VILL.- DHOLAI PART- III
P.O.- DHOLAI MOLAI
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788161.
3: MD. SELIM UDDIN
S/O MD. ABDUL NOOR
VILL.- DHOLAI PART- III
P.O.- DHOLAI MOLAI
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788161.
4: MD. ANAM UDDIN
S/O MD. ABDUL NOOR
VILL.- DHOLAI PART- III
P.O.- DHOLAI MOLAI
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788161.
5: MD. MOINUL HAQUE
S/O LATE CHNADRA MIA
Page No.# 2/4
VILL.- NISKAR
P.O.- KATLICHERRA
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788001
VERSUS
THE STATE OF ASSAM 2 ORS.
REP. BY P.P., ASSAM.
2:ON THE DEATH OF MD. ABDUL ALI MAZUMDER HIS LEGAL HEIR
ANWAR UDDIN MAZUMDER
D/O LT. ABDUL UDDIN MAZUMDER
VILL.- DHOLAI PART- III
TILLAGAON
P.O.- DHOLAI MALAI
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788161.
3:ON THE DEATH OF MD. ABDUL ALI MAZUMDER HIS LEGAL HEIR
MUSTT. ASARUN NESSA MAZUMDER
D/O LT. ABDUL UDDIN MAZUMDER
VILL.- DHOLAI PART- III
TILLAGAON
P.O.- DHOLAI MALAI
P.S.- KATLICHERRA
DIST.- HAILAKANDI (ASSAM)
PIN- 788161
Advocate for the Petitioner : MR. A H ALAMGIR
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 04.01.2024
Heard Mr. A. H. Alamgir, learned counsel for the appellants. Also heard Mr. K.
K. Das, learned Additional Public Prosecutor for the State.
This appeal has been preferred by the appellants impugning the judgment
and order dated 09.11.2023 passed by the learned Additional Sessions Judge,
Hailakandi in Sessions Case No. 85/2016 whereby the present appellants have
been convicted under Sections 323/149 of the Indian Penal Code and were
sentenced to suffer simple imprisonment for three months. The appellant were also
convicted under Section 148 of the Indian Penal Code and were sentenced to
undergo simple imprisonment for six months. The appellants were also convicted
under Sections 302/149 of the Indian Penal Code and were sentenced to undergo
rigorous imprisonment for ten years and pay a fine of Rs.5,000/- each and in
default of payment of fine to undergo simple imprisonment for one month.
Learned counsel for the appellants has submitted that the judgment which
has been impugned in this appeal is apparently erroneous as the conviction has
been made under Sections 302/149 of the Indian Penal Code and the punishment
imposed is only for a period of ten years which is not a prescribed punishment
under the Indian Penal Code.
Considering the submissions made by learned counsel for the appellants, this
appeal is admitted for hearing.
Let the case record of Sessions Case No. 85/2016 be called for.
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.
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As regards the respondent Nos. 2 and 3 are concerned, the appellant shall
take steps for issuance of notice to the respondent Nos. 2 and 3 by registered post
with A/D within three days from the date of this order, returnable after three
weeks.
JUDGE
Comparing Assistant
