Page No. 1/3 vs State Of Assam And Anr
2025 Latest Caselaw 2575 Gua

Gauhati High Court

Page No. 1/3 vs State Of Assam And Anr on 7 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                       Page No. 1/3

GAHC010157932025




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

                                  Case No. : Crl.A./270/2025

            SUREN HAZARIKA AND ANR.
            SON OF LATE MULAN CHANDRA HAZARIKA

            2: UJJAL HAZARIKA
             SON OF LATE MULAN CHANDRA HAZARIKA
             BOTH ARE R/O VILLAGE PANIBHARAL
             P/S. BISWANATH CHARIALI
             DIST. BISWANATH
            ASSAM

            VERSUS

            STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PP ASSAM

            2:DIJEN BORTHAKUR
             SON OF LATE LAKHI BORTHAKUR
             RESIDENT OF VILLAGE BHIRGAON
             PANIBHARAL
             P/S. BISWANATH CHARIALI
             DIST. BISWANATH
            ASSAM

Advocate for the Petitioner   : MR. S BORUAH, MR. K SARMA

Advocate for the Respondent : PP, ASSAM,
                                                                                  Page No. 2/3

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 07.08.2025

Heard Mr. K. Sarma, learned counsel for the accused-appellants and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2], BNSS, 2023 is preferred against a Judgment and Order dated 27.06.2025 passed by the Court of learned Sessions Judge, Biswanath, Biswanath Chariali ['the Trial Court', for short] in Sessions Case no. 45/2015. By the said Judgment and Order, the Trial Court has convicted the two accused-appellants for the offences under Sections 341/447/34, Indian Penal Code [IPC]. For the offence under Section 323, IPC read with Section 34, IPC, the two accused-appellants have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for one month. For the offence under Section 447, IPC read with Section 34, IPC, the two accused-appellants have been sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo simple imprisonment for fifteen days. The sentences are ordered to run concurrently.

3. I have gone through the grounds urged in the memorandum of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Sessions Case no. 45/2015 be called for.

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

7. As Mr. Goswami has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the appellants shall serve an extra copy of the memo of appeal along with

annexures, to Mr. Goswami within 3 [three] working days from today.

8. The accused-appellants 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

Comparing Assistant