Badal Tanti vs The State Of Assam And Anr
2024 Latest Caselaw 4215 Gua

Gauhati High Court

Badal Tanti vs The State Of Assam And Anr on 12 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                  Page No.# 1/2

GAHC010058572024




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

                                    Case No. : CRL.A(J)/56/2024

             BADAL TANTI
             S/O-SRI KAMAL TANTI, R/O-VILLAGE-CHANDANA BAGAN, P.S.-
             UDALGURI, DISTRICT-UDALGURI (BTAD), ASSAM

             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:SRI KUSH TANTI

              S/O-LATE GOKUL TANTI
              R/O-VILLAGE-CHANDANA BAGAN
              P.S.-UDALGURI
              DISTRICT-UDALGURI(BTAD)
              ASSA

Advocate for the Petitioner    : MS. L DEVI

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. L. Devi, learned Legal Aid Counsel for the accused-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

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2. This criminal appeal under Section 374 [2], Code of Criminal Procedure, 1973 is directed against a Judgment dated 04.11.2023 and Order on sentence dated 07.11.2023 passed by the Court of learned Additional Session Judge, Udalguri, Assam in Sessions [I] Case no. 21/2022, arising out of G.R. Case no. 05/2022 and Udalguri Police Station Case no. 01/2021. By the afore-stated Judgment and Order, the accused-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 [three] months.

3. The appeal is admitted for hearing.

4. The case records of Sessions [I] Case no. 21/2022 be called for.

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

6. As Ms. Bora, learned Additional Public Prosecutor has 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. Bora 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