Nazrul Islam @ Md Najrul Islam vs The State Of Assam And Anr
2025 Latest Caselaw 2938 Gua

Gauhati High Court

Nazrul Islam @ Md Najrul Islam vs The State Of Assam And Anr on 7 February, 2025

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GAHC010009682025




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

                                  Case No. : Crl.A./30/2025

            NAZRUL ISLAM @ MD NAJRUL ISLAM
            S/O ABDUL LATIF
            RESIDENT OF VILLAGE BAMUNGAON, PO TINIALI BAZAAR, PS HOJAI,
            DIST HOJAI, ASSAM 782446

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:DR. IMRAN HUSSAIN
             S/O LATE KUSUT ALI
             RESIDENT OF VILLAGE UDALI MODEL HOSPITAL
             PS LANKA
             DIST HOJAI ASSAM 78244

Advocate for the Petitioner   : G UDDIN, P ADHIKARI,MR. I HUSSAIN,MR A K AZAD

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

07.02.2025

Heard Mr. G. Uddin, learned counsel for the appellant and Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 415(2) of the BNSS, the appellant has put Page No.# 2/4

to challenge the correctness or otherwise of the Judgment and Order dated 22.11.2024, passed by the learned Sessions Judge, Hojai, in Sessions Case No. (1) 18/2021.

3. It is to be noted here that vide Judgment and Order dated 22.11.2024, the learned Sessions Judge, Hojai has convicted and sentenced the appellant as follows:-

(i) under Section 326 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/- with default stipulation;

(ii) under Section 333 of the IPC read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 7 years and fine of Rs. 10,000/- with default stipulation;

(iii) under Section 3(2) of the PDPP Act read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 4 years and fine of Rs. 10,000/- with default stipulation;

(iv) under Section 143 of the IPC and sentenced to undergo rigorous imprisonment for 3 months and fine of Rs. 1000/- with default stipulation;

(v) under Section 147 of the IPC and sentenced to undergo rigorous imprisonment for 1 year and fine of Rs. 2000/- with default stipulation;

(vi) under Section 148 of the IPC and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 5000/- with default stipulation;

(vii) under Section 447 of the IPC and sentenced to undergo rigorous Page No.# 3/4

imprisonment for 1 month and fine of Rs. 500/- with default stipulation;

(viii) under Section 4 of the Assam Medicare Service Person and Medicare service Institution (Prevention of Violence and Damage to Property) Act read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs.

15,000/- with default stipulation;

(ix) under Section 6 of the Assam Medicare Service Person and Medicare service institution (Prevention of Violence and Damage to Property) Act and sentenced to pay fine of Rs. 20,000/- as compensation;

(x) under Section 6(2) of the Epidemic Disease Act read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 3 years and fine of Rs. 50,000/- with default stipulation;

(xi) under Section 6(3) of the Epidemic Disease Act read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 1,00,000/- with default stipulation; and

(xii) under Section 51(a) of the Disaster Management read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for 6 months and fine of Rs. 1,000/- with default stipulation.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment and Order dated 22.11.2024, passed by the learned Sessions Judge, Hojai, in Sessions Case No. (1) 18/2021.

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5. Admit.

6. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Baishya has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

7. The Registry shall call for the record from the learned trial court.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant