Md. Rahman Ali vs The State Of Assam And Anr
2024 Latest Caselaw 4124 Gua

Gauhati High Court

Md. Rahman Ali vs The State Of Assam And Anr on 10 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010044602024




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

                                  Case No. : Crl.A./180/2024

            MD. RAHMAN ALI
            S/O- MAJU MIYA, R/O- VILLAGE SUNERTARI, PACHIM MAZDIA,
            BALARTARI, P.S.-CHENGA, DIST- BARPETA, ASSAM(PRESENTLY LODGED
            AT CENTRAL JAIL)


            VERSUS


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

            2:PURNIMA KUMARI
            AFTER HER DEATH
            REPRESENTED BY HER LEGAL HEIR/HUSBAND SRI GOPAL KUMAR

            R/O- RUKMINI GAON
            BAHINI PATH
            BYE LANE NO. 6
            P.S.- DISPUR
            GUWAHATI
            KAMRUP(M)
            ASSA




Advocate for the Petitioner   : MR. P BORAH

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


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

                                                ORDER

Date : 10.06.2024 [Manish Choudhury, J.]

Heard Mr. P. Borah, learned counsel for the accused-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 374[2], Code of Criminal Procedure, 1973 is directed against a Judgment dated 28.11.2023 and Final Order dated 30.11.2023 passed by the Court of Additional Sessions Judge No. 1, Kamrup [M] at Guwahati in Sessions Case no. 173/2016. By the said Judgment and Final Order, the accused-appellant along with two others have been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] read with Section 34 IPC. The accused persons are also convicted for the offence under Section 379, IPC read with Section 34 IPC. For the offence of the murder under Section 302, IPC read with Section 34 IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months. For the offence under Section 379, IPC read with Section 34 IPC, accused-appellant has been sentenced to undergo rigorous imprisonment for 2 [two] years and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for 2 [two] months. It has also been ordered that the sentences of imprisonment will run concurrently.

3. The appeal is admitted for hearing.

4. The case records of Sessions Case no. 173/2016 be called for.

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

Page No.# 3/3

6. As Ms. Bhuyan, learned Additional Public Prosecutor appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice stands dispensed with. The learned Legal Aid Counsel for the accused-appellant shall, however, furnish a copy of the memo of appeal along with annexures, to Ms. Bhuyan within 3 [three] working days from today.

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

                                                                       JUDGE                     JUDGE

Comparing Assistant