Page No.# 1/3 vs Gautam Das And Ors
2024 Latest Caselaw 8492 Gua

Gauhati High Court

Page No.# 1/3 vs Gautam Das And Ors on 20 November, 2024

                                                                 Page No.# 1/3

GAHC010008652012




                                                           2024:GAU-AS:11283

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

                           Case No. : Crl.A./194/2012

         SMTI. BIMALA RANI DAS,
         W/O LATE SUMANTO DAS, VILL. BORGUL, P.O.DARGARBAND, P.S. R.K.
         NAGAR, DIST. KARIMGANJ, ASSAM.



         VERSUS

         GAUTAM DAS and ORS,
         S/O SRI NIMAI CHAND DAS

         2:NIMAI CHAND DAS

          S/O LATE NADIA CHAND DAS

         3:BUDDHA DAS

          S/O SRI NIMAI CHAND DAS

         4:AMRIT NAMOSUDRA

          S/O LATE UPENDRA NAMOSUDRA

         5:RABINDRA KUMAR DAS

          S/O LT.MONINDRA CH. DAS

         6:NILMONI NAMOSUDRA

          S/O SRI NIHAR RANJAN NAMOSUDRA

         7:RAJU ACHARJEE

          S/O SRI RABINDRA ACHARJEE
                                                                             Page No.# 2/3

             ALL ARE RESIDENT OF VILL.BORGUE
              P.O. DARGARBOND
             P.S. R.K.NAGAR
              DIST. KARIMGANJ-788156
             ASSAM

Advocate for the Petitioner   : S C BISWAS, MR R K JAIN,A BHATTACHARJEE,B
CHOUDHURY

Advocate for the Respondent : MR.H R A CHOUDHURY, MR.I A HAZARIKA,MS.S K
NARGIS,PP, ASSAM,MR.A ALAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

20.11.2024

Heard Mr. S. C. Biswas, learned counsel for the appellant. Also heard Mr. I. U. Choudhury, learned counsel appearing on behalf of Mr. H. R. A. Choudhury, learned Senior Counsel for the respondent.

The present appeal has been filed against the judgment and order dated 30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009 by which all the accused persons were acquitted by giving benefit of doubt. The present appeal is preferred by the informant-mother.

Mr. Biswas, learned counsel for the appellant submits that one of the injured victim namely, Tarun Das had also preferred an appeal against the judgment and order dated 30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009 against such acquittal and said appeal was registered as Crl. Appeal No. 43/2012.

It is further submitted by Mr. Biswas, learned counsel for the appellant that Page No.# 3/3

aforesaid appeal has been dismissed by a Division Bench under its judgment and order dated 11.08.2022 upholding the judgment and order dated 30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009.

In view of the aforesaid, Mr. Biswas, learned counsel for the appellant submits that nothing survives to be adjudicated in the present appeal.

Accordingly, the present appeal stands also closed being infructuous.

A copy of the judgment and order passed by the Division Bench in Crl. Appeal No. 43/2012 is kept on record.

JUDGE

Comparing Assistant