S/O-Late Rama Swamy Thevar vs The State Of Assam And Anr
2024 Latest Caselaw 2876 Gua

Gauhati High Court

S/O-Late Rama Swamy Thevar vs The State Of Assam And Anr on 1 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No.# 1/2

GAHC010003702024




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

                                 Case No. : CRL.A(J)/41/2024

            AC/2007 SRI R SARVANAN
            S/O-LATE RAMA SWAMY THEVAR, R/O-VILLAGE-ACHILAPURAM,
            DISTRICT-BIRUDHUNAGAR, TAMILNADU



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR



Advocate for the Petitioner   : MS. B SARMA

Advocate for the Respondent : PP, ASSAM




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

                                          ORDER

01.05.2024 [M. Choudhury, J.]

Heard Ms. B. Sarma, learned Legal Aid Counsel for the accused-appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. This criminal appeal from jail is directed against a Judgment and Order dated 20.08.2015, Page No.# 2/2

passed by the learned Sessions Judge, Chirang at Kajalgaon in Sessions Case no. 144[Basu]/2015. By the said Judgment and Order dated 20.08.2015, the accused-appellant has been convicted under Section 302 of the Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 6 [six] months. The appeal is admitted for hearing.

The case records of Sessions Case no. 144[Basu]/2015 be called for from the learned trial court.

Issue notice, returnable in 4 [four] weeks.

As Ms. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice to the respondent no. 1 is dispensed with.

It is noticed that an interlocutory application, I.A. [Crl.] no. 59/2024 was preferred for seeking condonation of delay in filing the instant criminal appeal and this Court observed that the respondent no. 2 was not a necessary party for the interlocutory application as well as the connected criminal appeal and accordingly, by its order dated 20.03.2024, the name of the respondent no. 2 was ordered to be struck off. In view of the same, there is no necessity to issue notice to the respondent no. 2- informant and as such, the name of the respondent no. 2 is to be struck off from the array of the respondents.

List the case after 4 [four] weeks.

                                                     JUDGE                      JUDGE




Comparing Assistant