Gubin Bowri vs The State Of Assam
2025 Latest Caselaw 8708 Gua

Gauhati High Court

Gubin Bowri vs The State Of Assam on 19 November, 2025

Author: K.R. Surana

Bench: Kalyan Rai Surana

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GAHC010154732025




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

                                 Case No. : CRL.A(J)/103/2025

            GUBIN BOWRI
            SIVASAGAR, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : X,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

Date : 19.11.2025 (K.R. Surana, J)

Mr. R.R. Kaushik, learned APP, Assam is present.

2. Since this is an appeal from jail, the same is required to be registered under Section 424 of the BNSS read with Section 415 BNSS. However, in the note-sheet of the Registry, though the appeal has been registered as Criminal Page No.# 2/3

Revision (J) No. 103/2025, in the narration the Registry has mentioned it to be a revision under Sections 397/401/482 of the CrPC. Therefore, the Registry is required to treat this as an appeal against conviction under Section 424 of the BNSS, being appeal preferred from jail read with Section 415 of the BNSS, which is the substantive provision for invoking the appellate jurisdiction.

3. This is an appeal against the impugned judgment and order dated 10.06.2025 passed by the learned Addl. Sessions Judge, FTC, Sivasagar in Case No. Sessions 221 (S-N) 2017, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000/- with default stipulation and also convicted the appellant under Section 147 IPC and sentencing him to undergo rigorous imprisonment for a period of 6 months as well as sentencing him to undergo rigorous imprisonment for a period of 1 year under Section 148 IPC.

4. Appeal is admitted for hearing.

5. Call for the records.

6. We are inclined to appoint Shri Jashadhir Das, as amicus curiae in the matter to represent the appellant. In the meanwhile, the AO(J), Criminal Appeal Section shall inform the learned amicus curiae about his appointment in the matter. The Registry shall reflect the name of Shri Jashadhir Das, as amicus curiae for the appellant while listing the matter next.

7. In view of the nature of the offence, no notice is required to be served on the informant, and the interests of the informant would be taken care of by the learned APP.

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8. Let a formal notice be issued without requiring any steps to be taken as Mr. R.R. Kaushik, learned APP has already entered appearance for the State.

9. Notice is made returnable 15.12.2025.

10. List on 15.12.2025, awaiting receipt of TCR.

11. Let this order be brought to the notice of the Registrar (Judicial).

                        JUDGE                 JUDGE




Comparing Assistant