Jamir Ali vs The State Of Assam And Anr
2025 Latest Caselaw 3654 Gua

Gauhati High Court

Jamir Ali vs The State Of Assam And Anr on 3 March, 2025

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GAHC010035562025




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

                              Case No. : Crl.A./71/2025


           JAMIR ALI
           SON OF BISHA SHEIKH
            RESIDENT OF - VILLAGE TANONMARI
            P.S. - HAJO
            DISTRICT - KAMRUP
            PIN-781102

           VERSUS

           THE STATE OF ASSAM AND ANR
           REPRESENTED BY THE PUBLIC PROSECUTOR
           ASSAM

           2:ALI AKBAR
           S/O LT. BADSHA ALI
            RESIDENT OF VILLAGE- TANONMARI
            P.S - HAJO
            DISTRICT - KAMRUP
            PIN - 781102
            ------------
           Advocate for : MS. S NAZNEEN
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 03.03.2025

1. Heard Ms. S. Nazneen, learned counsel for the appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State.

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2. This application under Section 415 of the BNSS, 2023 has been preferred by the appellant, namely, Jamir Ali impugning the judgment and order dated 20.12.2024 passed by the learned Additional Sessions Judge, Kamrup, Amingaon in Sessions Case No. 227/2014, whereby the appellant was convicted under Section 304 (Part-II) of IPC and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand) and in default of payment of fine to undergo simple imprisonment for six months.

3. The appeal is admitted.

4. Issue notice to the respondent No. 2.

5. The petitioner shall take steps for issuance of notice upon the respondent No. 2 by registered post with A/D as well as by usual mode within 3

days from the date of this order, returnable on 04 th of April, 2025.

6. Since, the learned Additional Public Prosecutor has appeared for respondent No. 1, no formal notice need to be issued to respondent No. 1.

7. Call for the case record of Sessions Case No. 227/2014 from the Trial Court.

8. List accordingly.

JUDGE

Comparing Assistant