Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 4820 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 15 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010123682024




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

                                  Case No. : Crl.A./203/2024

            PARMATMA SAH AND ANR.
            S/O LATE JAGANATH SAH,
            R/O THANAMUKH OLD CHOWK BAZAR SIVASAGAR TOWN, P.O.-
            SIVASAGAR, ASSAM, PIN- 785640.

            2: RITESH KUMAR @ RITESH KUMAR SAH
             S/O PARMATMA SAH

            R/O THANAMUKH OLD CHOWK BAZAR SIVASAGAR TOWN
            P.O.- SIVASAGAR
            ASSAM
            PIN- 785640

            VERSUS

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

            2:RAMESWAR PRASAD
             S/O LATE JAWAHARLAL PRASAD

            VILL.- KESHRI BAZAR
            P.O.- KESHRI MATHIA
            P.S.- EKMA
            DIST.- CHAPARA CHARAN
            BIHAR
            PIN- 841220

Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : PP, ASSAM
                                                                      Page No.# 2/3

                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 15.07.2024 [M. Choudhury, J]

Heard Mr. A.R. Shome, learned counsel for the accused-appellants and Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1, State of Assam is in attendance.

2. This criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 is directed against a Judgment and Order dated 16.05.2024 passed by the court of learned Additional Sessions Judge, Sivasagar in Sessions Case no. 84[S- S]/2018. By the Judgment and Order dated 16.05.2024, the two accused- appellants have been convicted for the offence under Section 304B, Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for 10 [ten] years.

3. The appeal is admitted for hearing.

4. The case records of Sessions Case no. 84[S-S]/2018, be called for.

5. Issue notice, returnable in 4 [four] weeks.

6. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice is dispensed with.

7. The learned counsel for the accused-appellants shall furnish a copy of the memo of appeal along with annexures to Ms. Begum within 2 [two] working days from today.

Page No.# 3/3

8. The accused-appellants shall take steps for service of notice upon the respondent no. 2 by registered post with A/D within 3 [three] working days from today.

                                 JUDGE              JUDGE




Comparing Assistant