Moinal Haque vs The State Of Assam
2024 Latest Caselaw 4312 Gua

Gauhati High Court

Moinal Haque vs The State Of Assam on 14 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010059032024




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

                                   Case No. : CRL.A(J)/60/2024

             MOINAL HAQUE
             S/O-ABDUL JALIL, R/O-GOROIMARI SATRA, P.S.-CHHAYGAON, DISTRICT-
             KAMRUP, ASSAM

             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM


Advocate for the Petitioner    : MRS DIPANJALI BORPUJARI

Advocate for the Respondent : PP, ASSAM


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

                                              ORDER

Date : 14.06.2024 [Manish Choudhury, J.]

Heard Mrs. D. Borpujari, learned Legal Aid Counsel for the appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent State of Assam.

2. This criminal appeal under Section 374 [2], Code of Criminal Procedure, 1973 is preferred against a Judgment and Order dated 11.10.2023 passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case no. 17/2022. By the Judgment and Order dated 11.10.2023, the accused-appellant has been convicted for the offence under Section 302, Indian Penal Code and he has been sentenced to Page No.# 2/2

undergo life imprisonment and to pay a fine of Rs. 5,000/-, 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 Case no. 17/2022 be called for.

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

6. As Ms. Bhuyan, learned Senior Counsel & Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent, issuance of formal notice stands dispensed with. The learned Legal Aid Counsel for the appellant shall, however, furnish an extra copy of the memo of appeal along with annexures, to Ms. Das within 3 [three] working days from today.

                                                                      JUDGE                  JUDGE
Comparing Assistant