Bhugesh Mali vs The State Of Assam And Anr
2024 Latest Caselaw 4125 Gua

Gauhati High Court

Bhugesh Mali vs The State Of Assam And Anr on 10 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No.# 1/2

GAHC010113252024




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

                                 Case No. : CRL.A(J)/55/2024

            BHUGESH MALI
            S/O LATE GUNASAGAR MALI,
            VILL.- HOLLUNG GAON, NEAR L.P. SCHOOL, P.S.- PHILLIBARI, DIST.-
            TINSUKIA, ASSAM.

            VERSUS

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

            2:NIRMAL TANTI
             S/O LATE TIKE BADAN TANTI

            R/O BISHNUPUR
            P.S.- PHILLOBARI
            DIST.- TINSUKIA
            ASSAM

Advocate for the Petitioner   : MS B R A SULTANA (LEGAL AID COUNSEL)

Advocate for the Respondent : PP, ASSAM




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

                                          ORDER

Date : 10.06.2024 [Manish Choudhury, J.]

Heard Ms. B.R.A. Sultana, learned Legal Aid Counsel for the appellant and Ms. B. Bhuyan, Page No.# 2/2

learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel 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 and Order dated 24.04.2024 passed by the Court of learned Additional Session Judge-cum- Special Judge [POCSO], Tinsukia in Sessions Case no. 174/2023. By the Judgment and Order dated 24.04.2024, the accused-appellant has been convicted for the offence of murder under Section 302, IPC and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months.

3. The appeal is admitted for hearing.

4. The case records of Sessions Case no. 174/2023 be called for.

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

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