Biju Doley vs The State Of Assam
2025 Latest Caselaw 2501 Gua

Gauhati High Court

Biju Doley vs The State Of Assam on 30 January, 2025

                                                                            Page No.# 1/2

GAHC010017082025




                                                                     undefined

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

                                  Case No. : Crl.A./23/2025

             BIJU DOLEY
             S/O SRI CHAKBAL DOLEY, RESIDENT OF DAKHIN GORMARA PS
             SILAPATHAR, DIST DHEMAJI, ASSAM



             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY PP ASSAM

             2:KULADHAR MILI
              S/O LATE TATUN MILI
              RESIDENT OF TINIGHARIA GAON
              PS SILAPATHAR
              DIST DHEMAJI
             ASSAM 78705

Advocate for the Petitioner   : MR K PUJARI, MS A ROY,MR. S SAHU,S SHAHI

Advocate for the Respondent : PP, ASSAM,




                                           BEFORE
                  HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
                                           ORDER

30-01-2025

1. Heard Mr. S. Sahu, learned counsel for the appellant and Mr. P. Borthakur, learned Page No.# 2/2

Additional Public Prosecutor, Assam for the respondent.

2. This is an appeal preferred under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 assailing the judgment and order dated 26.11.2024 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 99/2014 whereby the accused/appellant has been convicted and has been sentenced to undergo Rigorous Imprisonment (RI) for 1 (one) year and to pay a fine of Rs. 1,000/- for committing of offence under Sections 448/34 IPC and in default of payment of fine, to undergo RI for 1 (one) month and to undergo RI for 10 (ten) years and to pay a fine of Rs. 20,000/- for committing the offence under Sections 326/34 IPC and in default of payment of fine, to undergo RI for 2 (two) years and further to undergo RI for 10 (ten) years and to pay a fine of Rs. 20,000/- and in default of payment of fine, to undergo RI for 2 (two) years for committing the offence under Sections 307/34 IPC .

3. Perused the impugned judgment and order dated 26.11.2024.

4. Admit the appeal.

5. Call for the records of said Sessions Case No. 99/2014.

6. Issue notice, returnable after 4 (four) weeks.

7. As Mr. P. Borthakur, learned Additional Public Prosecutor, Assam accepts the notice on behalf of the respondent No.1, no formal notice need to be issued to the aforesaid respondent.

8. The appellant to take steps for issuance of notice upon the respondent No.2 by the registered post with A/D as well as usual process within a period of five days from today.

9. List accordingly.

JUDGE

Comparing Assistant