Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 915 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/3

GAHC010001132025




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

                                  Case No. : Crl.A./206/2025

            DIPJYOTI DEWGHARIA AND ANR
            S/O. GULAP DEOGHORIA, R/O. BORCHALI, POUZA, P/S. BORHAT, DIST.
            CHARAIDEW, ASSAM.

            2: SIBU CHETRY
             S/O. RATNABAHADUR CHETRY
             R/O. BORCHALI
             P/S. BORHAT
             DIST. CHARAIDEW

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP, ASSAM

            2:SONADHAR DAS
             S/O. LT. PUNARAM DAS
             R/O. DANGORI KUMAR GAON
             BORHAT
             NAMRU

Advocate for the Petitioner   : MR B P BORAH, MISS. J GOGOI,MR. A KHANDAKAR,MR P J
DUTTA

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

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 06.06.2025 [M. Choudhury, J]

Heard Mr. P. Goswami, learned Senior Counsel assisted by Mr. P.J. Dutta, learned counsel for the appellants and Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment dated 05.11.2024 and Order on Sentence dated 11.11.2024 passed by the Court of learned Sessions Judge, Charaideo, Sonari in Sessions [Cha] Case no. 212/2010, arising out of Borhat Police Station Case no. 65/2009. By the Judgment dated 05.11.2024 and Order on Sentence dated 11.11.2024, the appellants have been convicted for the offences under Section 302, Indian Penal Code [IPC] and Section 201, IPC read with Section 34, IPC. For the offence under Section 302/34, IPC, both the appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, with default stipulation. For the offence under Section 201/34, IPC, both the appellants have been sentenced to undergo imprisonment for 3 years. Both the sentences are ordered to run concurrently.

3. We have perused the contents of the memorandum of appeal.

4. The appeal is admitted for hearing.

5. The case records of Sessions [Cha] Case no. 212/2010 be called for.

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

Page No.# 3/3

7. As Ms. Bora, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bora within 3 [three] working days from today.

8. The appellant shall take steps for service of notice upon the respondent no. 2 by registered post with A/D within 3 [three] working days from today.

9. List the matter after 4 [four] weeks.

                                       JUDGE               JUDGE




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