Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 18 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010175552025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./317/2025
PRATAP MALAKAR AND 5 ORS.
S/O. SRI PUTUL MALAKAR, R/O. IIEOKI GAON, USHAPUR NAHARKATIA,
P/S. JOYPUR, DIST. DIBRUGHAR, ASSAM.
2: RUPAM MALAKAR
S/O. SRI PUTUL MALAKAR
R/O. IIEOKI GAON
USHAPUR NAHARKATIA
P/S. JOYPUR
DIST. DIBRUGARH
ASSAM.
3: SWAPAM MALAKAR
S/O. SRI PUTUL MALAKAR
R/O. IIEOKI GAON
USHAPUR NAHARKATIA
P/S. JOYPUR
DIST. DIBRUGARH
ASSAM.
4: NANTO MALAKAR
S/O. SRI PUTUL MALAKAR
R/O. IIEOKI GAON
USHAPUR NAHARKATIA
P/S. JOYPUR
DIST. DIBRUGARH
ASSAM.
5: RINKU MALAKAR
S/O. SRI KHUDIRAM MALAKAR
R/O. IIEOKI GAON
USHAPUR NAHARKATIA
P/S. JOYPUR
DIST. DIBRUGARH
Page No.# 2/3
ASSAM.
6: PANTOSH MALAKAR
S/O. SRI SHANKAR MALAKAR
R/O. IIEOKI GAON
USHAPUR NAHARKATIA
P/S. JOYPUR
DIST. DIBRUGARH
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
Advocate for the Petitioner : MR M SAHEWALLA, MS S AGARWAL,MS K
BHATTACHARYYA,MR H K SARMA,MR G N SAHEWALLA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
18.08.2025
Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. K. Bhattacharya,
learned counsel for the accused-appellants and Mr. R.R. Kaushik, learned Additional Public
Prosecutor for the respondent, State of Assam.
2. The criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 is preferred against a Judgment dated 10.07.2025 and an Order on sentence
dated 16.07.2025 passed by the Court of learned Additional Sessions Judge, Dibrugarh ['Trial
Court', for short] in Sessions Case no. 91/2018. By the Judgment and the Order on sentence,
all the six accused-appellants have been convicted for the offences under Section 341,
Section 324, Section 325, Section 326 and Section 307 read with Section 34, Indian Penal
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Code [IPC]. For the offence under Section 307 read with Section 34, IPC, the six accused-
appellants have been sentenced to undergo rigorous imprisonment for five years each and to
pay a fine of Rs. 10,000/- each with default stipulation. For the offence under Section 326
read with Section 34, IPC, the six accused-appellants have been sentenced to undergo
rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- with default
stipulation. For the other offences, lesser terms of imprisonment have been imposed against
each of the appellants. The sentences of imprisonment have been ordered to run
concurrently, meaning thereby, the maximum term of imprisonment which each of the
accused-appellants is to undergo is five years.
3. I have gone through the contents of the memorandum of the criminal appeal.
4. The criminal appeal is admitted for hearing.
5. The case records of Sessions Case no. 91/2018 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice
in respect of the respondent, issuance of formal notice in respect of the respondent is
dispensed with. The learned counsel for the appellant shall serve a copy of the memo of
appeal along with annexures, to Mr. Kaushik within 3 [three] working days from today.
8. List the case after 4 [four] weeks.
JUDGE
Comparing Assistant
