Gauhati High Court
Abdul Mannan vs State Of Assam And 9 Ors on 29 January, 2024
Author: K. R. Surana
Bench: Kalyan Rai Surana
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GAHC010009312014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./144/2014
ABDUL MANNAN
S/O LATE ABDUL KHALIK, VILL. OKSEK PATHAR GAON, P.S. MUHRAJHAR,
DIST. NAGAON, ASSAM.
VERSUS
STATE OF ASSAM and 9 ORS.
2:MD. ARIFUDDIN
S/O LATE MUJAHID ALI
3:MD. ABDUL ROKIB
S/O LATE WATIR ALI
4:MD. NAMAR ALI
S/O LATE HAJI FATER ALI
5:MD. JOYRUL ISLAM @ JOHIRUL ISLAM
S/O MD. KUTI MIYAN
6:MUSTT ALFATUN NESSA
W/O LATE ABDUR SUKUR
7:MD. ISLAMUDDIN
S/O MUSAID ALI
8:MD. BAHARUDDIN
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S/O LATE ABDUS SUKUR
ALL ARE OF DAKHIN DEVA STHAN GAON
P.S. MURAJHAR
9:MD. MUKTERUDDIN
S/O LATE MOSAID ALI
10:MD. SURAJ ALI
S/O LATE YAKUB ALI
ALL ARE OF DAKHIN DEBATHAN GIDAR BASTI
P.S. MURAJHAR
DIST. NAGAON
ASSAM
PIN
Advocate for the Petitioner : MD.J H KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 29.01.2024
(K. R. Surana, J)
None appears for the appellant.
2. Heard Mr. F.K.R. Ahmed, learned counsel for the respondent nos. 2 to 10
and Ms. S. H. Bora, learned Additional Public Prosecutor to the State
respondent.
3. The notice of the Court is also brought to the fact that the during the
pendency of sentence hearing in this appeal, the respondent No. 9, namely, Md.
Mukteruddin, had approached the Supreme Court of India by filing Criminal
Appeal No.(s) 583/2023 so far as the judgment and order of conviction is
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concerned.
4. The attention of this Court is brought to the order dated 06.07.2023 and
09.08.2023 passed by the Registrar, Supreme Court of India in connection with
Criminal Appeal No(s). 583/2023, wherein it has been recorded that the original
records have been received from the High Court and trial Court.
5. We may also mention that this Court by judgment and order dated
23.11.2021, passed in Criminal Appeal No 144/2014, had convicted the
appellant Nos. 8, 5, 9 and 10 namely, Md. Baharuddin, Md. Joyrul Islam @
Johirul Islam, Md. Mukteruddin and Md. Suraj Ali by holding them to be guilty
for commission of offence under section 147/148/302/149 of the IPC. They
were directed to surrender before the learned Additional Sessions Judge, Hojai
by providing that on their appearance before the Court, they shall be taken into
custody and thereafter, the said learned Judge will record the statements and
evidence for purpose of sentence hearing by this Court. It was also ordered that
the report of learned Additional Sessions Judge, Hojai (now Session Judge,
Hojai) will be placed before this Court for the purpose of awarding appropriate
sentence.
6. It is also provided that in the event the accused persons/convicts failed to
appear before the learned trial Court, the said Court shall be at liberty to issue
warrant of arrest to procure their attendance.
7. The learned counsel for the private respondents has submitted that as per
instructions received by him, the respondent nos. 6 and 10, namely, Mustt
Alfatun Nessa and Md. Suraj Ali had expired.
8. In this regard, we may refer to the order dated 23.11.2023 passed by this
Court wherein the Court had referred to a report received regarding the death
of respondent no. 10, namely, Md. Suraj Ali.
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9. The learned counsel for the private respondents has submitted that he
has not received any document regarding death of respondent no. 6.
10. By order dated 23.01.2024, we had directed the Criminal Section to verify
the record and sent the record back to the Court on the next date of listing.
11. Accordingly, the Registry has put up two office notes dated 24.01.2024 and
one office note dated 25.01.2024, indicating that the original case record and a
report were called from Additional District & Sessions Judge, Hojai. It is also
seen that a report dated 20.01.2024 has been received from the said learned
Court. Moreover, LCR containing five files in connection with Sessions Case No.
69 (M)/2011 has also been received from the learned Trial Court.
12. We have also perused the report dated 20.01.2024 submitted by the
learned District and Sessions Judge, Hojai. The said report is quoted herein
below:
"Sub : Report in connection with Criminal Appeal 144/2014 (Session
Case No. 69(N)/2011)
Sir
As directed vide order dated 23 12.2021 in Criminal Appeal No.
144/2014 the undersigned would like to submit the following report.
That the order dated 23.12 2021 was received by this office on
18.01 2022 and thereafter the matter was fixed on 28.01 2022 for
the accused to surrender before this Court However, on their failure
of the accused to appear before this Court NB WA was issued
against the accused BaharUddin, Joyrul Islam @Johirul Islam, Md.
MuktarUddin and Suraj Ali on 28.01 2022 Pursuant to the issuance
of the NBWA accused MuktarUddin was arrested on 18.06.2022 and
produced before this Court. However, since he was not legally
represented a Legal Aid Counsel was appointed. With regard to
another accused Suraj Ali a report was received on 02 07.2022
whereby this Court was intimated about the death of the accused
Suraj Ali and as such E.O's evidence was called for With regard to
the accused Joyrul Islam and BaharUddin a report was received that
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the convicts were not found in their addresses and as such P & A
was issued against them with regard to the accused Islam Uddin NB
WA was issued on 07. 11 2023 but the said NBWA.not returned as
yet.
It may also be brought to your kind notice that the Hon'ble Supreme
Court in Criminal Appeal No. (5) 583/2023 vide order dated 10.04
2023 was pleased to direct the release of the accused MuktarUddin
on ball subject to terms and conditions imposed by this Court and
accordingly this Court pleased to grant bail to the accused
MuktarUddin on 24.04 2023 and thereafter the accused was
released on bail 28.04.2023. Presently the case is fixed for
production of accused joyrul Islam, BaharUddin and Islam Uddin and
for recording of E.O. evidence with regard to the death of accused
Suraj Ali and the case is fixed on 25.01.2024."
13. Having noted that in the order dated 09.08.2023 the Registrar, Supreme
Court of India has recorded the receipt of record from this Court as well as from
the learned trial Court, we direct the Registry to send the original trial court
record to the Supreme Court of India after making two photocopies thereof.
14. So far as the photocopies of the LCR is concerned, and one set of
photocopies of the LCR be sent back to the learned Court of Sessions Judge,
Hojai for compliance of directions contained in the judgment and order dated
23.12.2021 passed by this Court in Criminal Appeal No. 144/2014. The other set
of photocopy shall be retained with the record.
15. The Registry, while sending the original LCR to the Registry of the
Supreme Court of India, shall enclose therewith the copy of order dated
09.08.2023 passed by the Registrar, Supreme Court of India in Criminal Appeal
No(s). 583/2023 as well as copy of this Order, so that the LCR may be tagged
with the appropriate record, or returned if not required.
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16. The learned Sessions Judge, Hojai shall submit its report and the status of
the proceedings to this Court for being placed before this Court.
17. Let this matter be listed on 11.03.2024.
JUDGE JUDGE
Comparing Assistant
