Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 1 May, 2024

                                                                  Page No.# 1/3

GAHC010273142023




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

                           Case No. : Crl.A./83/2024

         BOBY HATIMURIA AND 2 ORS.
         W/O- SHRI PUNESWAR HATIMURIA,
         R/O -GELAKEY DA GAON, P.O. AND P.S.- GELAKEY, DISTRICT SIVASAGAR,
         ASSAM 785696

         2: SHRI PUTUL HATIMURIA
          S/O- LATE JAGOT HATIMURIA

         R/O -GELAKEY DA GAON
         P.O. AND P.S.- GELAKEY
         DISTRICT SIVASAGAR

         ASSAM 785696

         3: SMT. DIPA HATIMURIA
         W/O- SHRI PUTUL HATIMURIA

         R/O -GELAKEY DA GAON
         P.O. AND P.S.- GELAKEY
         DISTRICT SIVASAGAR

         ASSAM 78569

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PP ASSAM.

         2:SMT. SUMI BARUAH
          D/O- SHRI CHANDRA BARUAH
          R/O- BHUYAN GAON
          P.S.- AMGURI
          DISTRICT- SIVASAGAR
         ASSAM-785680
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Advocate for the Petitioner   : MR. P D NAIR

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

01.05.2024

Heard Mr. G. Alam, learned counsel for the petitioner and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

Judgment and order dated 31.05.2023 passed in Sessions Case No.195(s-s)/2012 by the learned Additional Sessions Judge, Sivasagar, is impugned in this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 by three appellants, namely, Smt. Boby Hatimuria, Shri Putul Hatimuria and Smt. Dipa Hatimuria. It is to be noted here that vide impugned judgment and order dated 31.05.2023, the learned Additional Sessions Judge, Sivasagar has convicted the appellants under Section 366/34 IPC and sentenced them to suffer rigorous imprisonment for 7 years and also to pay a fine of ` 3,000/- each, with default stipulation.

Perused the memo of appeal and the grounds mentioned therein and also the impugned judgment and order dated 31.05.2023.

Admit.

Call for the record from the Court of learned Additional Sessions Judge, Sivasagar.

Issue notice to the respondent No.2, in view of the Notification No.17, dated 15.03.2024, through the learned Additional P.P. and after causing service of notice upon respondent No.2, the learned Additional P.P. shall produce a report from the Officer-in-

Page No.# 3/3

Charge, jurisdictional P.S.

No formal notice is required to be issued to respondent No.1 since Mr. B. Sarma, learned Additional P.P. has entered appearance and received notice. However, extra requisite copy of the memo of appeal be furnished to Mr. Sarma, during the course of the day.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant