Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 11 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010170662025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./302/2025
ABDUR RASHID AND 3 ORS.
S/O. LT. ABDUL JALIL, R/O. NO. 2 GORAIMARI, P/S. PANBARI, DIST.
CHIRANG, ASSAM
2: RAHIM BADSHA
S/O. ABDUR RASHID
R/O. NO. 2 GORAIMARI
P/S. PANBARI
DIST. CHIRANG
ASSAM
3: RUKIYA BIBI
W/O. ABDUR RASHID
R/O. NO. 2 GORAIMARI
P/S. PANBARI
DIST. CHIRANG
ASSAM
4: AMIR HAMJA
S/O. ABDUR RASHID
R/O. NO. 2 GORAIMARI
P/S. PANBARI
DIST. CHIRANG
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : B BARMAN, MR. H ALI,MR. I A HAZARIKA,MR. I U
CHOWDHURY,MR H R A CHOUDHURY
Page No.# 2/3
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : --11.08.2025
Heard Mr. H. Ali, learned counsel for the appellants and Mr. R.R. Kaushik, learned
Additional Public Prosecutor for the respondent State.
2. The appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita, 2023 is
preferred against a Judgment and Order dated 11.07.2025 passed by the Court of learned
Additional Sessions Judge, Bijni at Chirang ['the Trial Court', for short] in Sessions Case no. 22
[P]/2021 and Sessions Case no. 12 [P]/2022. By the Judgment and Order dated 11.07.2025,
the accused-appellants have been convicted for the offences under Section 304 Part-
II/308/323, Indian Penal Code [IPC] read with Section 34, IPC. For the offence under Section
304 Part-II, IPC read with Section 34, IPC, the accused-appellant nos. 1, 2 & 4 have been
sentenced to rigorous imprisonment for 7 [seven] years and to pay a fine of Rs. 20,000/-, in
default of payment of fine, to undergo rigorous imprisonment for another 60 [sixty] days. For
the offence under Section 304 Part-II, IPC read with Section 34, IPC, the accused-appellant
no. 3 has been sentenced to rigorous imprisonment for 3 [three] years and to pay a fine of
Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 60
[sixty] days. For the offence under Section 308, IPC read with Section 34, IPC, the accused-
appellants have been sentenced to undergo rigorous imprisonment for 3 [three] years and to
pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment
for another 30 [thirty] days. For the offence under Section 323, IPC read with Section 34,
IPC, all the accused-appellants have been sentenced to undergo rigorous imprisonment for 1
[one] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo
rigorous imprisonment for another 30 [thirty] days. All the sentences are ordered to run
concurrently.
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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 Sessions Case no. 22 [P]/2021 and Sessions Case no. 12 [P]/2022 be
called for.
6. Issue notice, returnable on 10.09.2025.
7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice
for the respondent State, formal notice need not be issued to the said respondent. Mr. Ali,
learned counsel for the accused-appellants shall furnish an extra copy of the memo of appeal
along with annexures to Mr. Kaushik, learned Additional Public Prosecutor, within 3 [three]
working days from today.
8. List the case on 10.09.2025.
JUDGE
Comparing Assistant
