Page No.# 1/3 vs The State Of Assam
2024 Latest Caselaw 4904 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 17 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010050842024




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

                                  Case No. : Crl.A./69/2024

            GOLAJAR UDDIN AHMED @ RAJU AND ANR.
            S/O RAHIM UDDIN AHMED,
            VILL.- WARD NO. 13, DHUBRI TOWN, IG ROAD, P.O., P.S.- DHUBRI, ASSAM,
            PIN- 783301.

            2: GAFUR UDDIN @ RAKESH
             S/O RAHIM UDDIN AHMED

            VILL.- WARD NO. 13
            DHUBRI TOWN
            IG ROAD
            P.O.
            P.S.- DHUBRI
            ASSAM
            PIN- 783301

            VERSUS

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



Advocate for the Petitioner   : MR A W AMAN

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

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 17.07.2024 [M. Choudhury, J]

Heard Mr. S. Das, learned counsel for the appellants and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent State.

The instant criminal appeal is against a Judgment and Order of conviction and sentence passed by the learned Special Judge [Additional], Dhubri wherein a sentence for rigorous imprisonment of 10 years has been passed against the accused-appellant. The criminal appeal has been admitted on 14.03.2024 by a learned Single Judge.

In this connection, it is relevant to quote the contents of the Notification no. HC.XI-07/2019/61/RC dated 17.09.2019 :-

HC.XI-07/2019/61/RC # # In suppression of all previous orders, the Gauhati High Court has been pleased to amend the Rule 7 of Chapter II of Rules of the Gauhati High Court in the following manner :

"7.[a] Division Bench for the hearing of cases of appeal, reference or revision in respect of the sentence or order of any Criminal Court shall consist of two or more Judges :

[b] All matters where sentence of death penalty/imprisonment for life/or sentence of imprisonment for period more than 10 years has been awarded shall be heard by the Division Bench including appeals and revisions against acquittal arising out of cases tried under Section 302 I.P.C.

Provided that a single Judge may hear any appeal, reference or revision and applications in all criminal matters except those in which Page No.# 3/3

sentence of death penalty/imprisonment for life/or sentence of imprisonment for period more than 10 years is passed :

Provided further that such Judge may refer any particular case he thinks fit to a Division Court:

Provided also that it shall be competent for a single Judge to pass any interlocutory order in any appeal or appeal or any other matter preferable before a Division Bench, unless otherwise ordered by a Division Bench."

As a criminal appeal where sentence of imprisonment for a period of more than 10 [ten] years is to be listed and heard before the Division Bench, the Registry to take necessary steps for listing of the appeal before the appropriate bench.

                                        JUDGE                         JUDGE




Comparing Assistant