Page No.# 1/2 vs The State Of Assam
2024 Latest Caselaw 4193 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 12 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                            Page No.# 1/2

GAHC010198982022




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

                                 Case No. : CRL.A(J)/15/2023

            PRANAB TALUKDAR AND ANR.
            S/O GAHIN TALUKDAR, R/O OF VILL.- CHANDKUCHI, JENGPARA, P.S.-
            NALBARI, DIST.- NALBARI, ASSAM.

            2: SRI BHUPEN TALUKDAR
             S/O KARUNA TALUKDAR
             R/O OF VILL.- CHANDKUCHI
             JENGPARA
             P.S.- NALBARI
             DIST.- NALBARI
            ASSAM

            VERSUS

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

Advocate for the Petitioner   : MS R GOSWAMI (LEGAL-AID-COUNSEL)

Advocate for the Respondent : PP, ASSAM


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

                                           ORDER

Date : 12.06.2024 [Manish Choudhury, J.]

Heard Ms. R. Goswami, learned Legal Aid Counsel for the appellants.

Page No.# 2/2

As the two appellants are shown to be in detention for more over 20 years, Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the respondent State of Assam was asked to obtain instructions as to whether the appellants are still serving out their sentences.

Ms. Bhuyan has referred to the Judgment and Order dated 18.06.2003 passed in Session Case no. 02/2003 wherein the accused-appellants have been convicted. The learned trial court has ordered that the sentences would run consecutively.

The accused-appellants are found guilty for the offences under Sections 302/364/201 of the Indian Penal Code with added Section 34, IPC. For the offence under Section 302, IPC, the accused- appellants are sentenced to undergo rigorous imprisonment for life. For the offence under Section 364, IPC, they have been sentenced to undergo rigorous imprisonment for 10 years and for the offence under Section 201, IPC, the accused-appellants have been sentenced to undergo rigorous imprisonment for 5 years.

Ms. Bhuyan by placing a Communication bearing no. DJN.2024/900 dated 07.06.2024 from the Superintendent District Jail, Nalbari, has submitted that the accused-appellant are still serving out their sentences. As the accused-appellants are in incarceration for more than 20 years, the instant appeal requires expeditious consideration.

As the paper book is ready, office to list the appeal for hearing on 18.07.2024.

                                                                            JUDGE                  JUDGE



Comparing Assistant