Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 3651 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 3 March, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                           Page No.# 1/3

GAHC010024982025




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

          Linked Case : I.A.(Crl.)/172/2025
                         In Crl. A./69/2025

         DHANANJOY KAR
         S/O. SRI DHIRENDRA KAR
         R/O. H/NO. 4
         BISHNUPUR
         P/O. BISHNUPUR
         P/S. AND DIST. DHEMAJI
         ASSAM.

         2: TAPESH DAS
         S/O. LT. NARESH DAS
          R/O. H/NO. 3
          BISHNUPUR
          P/O. BISHNUPUR
          P/S AND DIST. DHEMAJI
         ASSAM.

         3: RAJIB DAS
         S/O. NARESH DAS
         R/O. H/NO. 3
         P/O. BISHNUPUR
         P/S AND DIST. DHEMAJI
         ASSAM.
         VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY THE PP
         ASSAM

         2:SARATHI SING @ SARATI
         R/O. H/NO. 4
          P/O. BISHNUPUR
          P/S. AND DIST. DHEMAJI.
          ------------
                                                                          Page No.# 2/3

            Advocate for : MR M SAHEWALLA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                        HONOURABLE MR. JUSTICE K. SEMA

                                       ORDER

03.03.2025 (S. K. Medhi, J) Heard Shri P. Bora, learned Senior Counsel assisted by Ms. K. Bhattacharya, learned counsel for the applicant/appellant, who has filed this application under Section 430 of BNSS, 2023 for suspension of sentence against the judgment and order dated 13.12.2024 passed by the learned Sessions Court, Dhemaji in Sessions Case No. 106/2013 convict the appellants(s) under section 147/148/449/302/149 IPC and sentence them to suffer rigorous imprisonment for 2 years, for offence under section 147 IPC and sentence them to suffer rigorous imprisonment for 3 years for offence under section 148 IPC and further to suffer rigorous imprisonment for 10 years for offence under sections 449/149 IPC and to suffer life imprisonment and to pay fine of Rs.20,000/- each for offence under section 302/149 IPC and in default of payment of fine, to suffer rigorous imprisonment for 2 years.

The connected appeal, namely, Crl. A/69/2025 has been admitted today. Issue notice, returnable by 6 (six) weeks.

Ms. S. Jahan, learned Addl. PP, Assam accepts notice on behalf of respondent no. 1.

Let steps be taken for service of notice upon the respondent no. 2 by usual process within 2 (two) days.

Objection, if any, may be filed in the meantime.

Page No.# 3/3

List after 6 (six) weeks alongwith the report on service.

                                         JUDGE                  JUDGE




Comparing Assistant