Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 8894 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 26 November, 2025

                                                                         Page No.# 1/3

GAHC010252532025




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

                                 Case No. : Crl.A./432/2025

            SHRI RATNESWAR PHANGSHO AND 2 ORS.
            SON OF KINA PHANGSHO, RESIDENT OF VILLAGE MAGUR SILA, POLICE
            STATION- SONAPUR, POST OFFICE- SONAPUR SO, DISTRICT -KAMRUP M,
            ASSAM PIN-782402

            2: SHRI DEVO RAHANG
             SON OF MALAKA RAHANG
             RESIDENT OF VILLAGE MAGUR SILA
             POLICE STATION- SONAPUR POST OFFICE- SONAPUR SO DISTRICT
            -KAMRUP M
             ASSAM PIN-782402

            3: SHRI BANESWAR PHANGSHO
             SON OF TAHE PHANGSHO
             RESIDENT OF VILLAGE MAGUR SILA
             POLICE STATION- SONAPUR POST OFFICE- SONAPUR SO DISTRICT
            -KAMRUP M
             ASSAM PIN-78240

            VERSUS

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

            2:SRI BIHU TERON
             SON OF LATE BIRJU TERON RESIDENT OF VILLAGE- MAGUR SILA POST
            OFFICE- NARTAP POLICE STATION- SONAPUR DISTRICT-KAMRUP M
            ASSAM PIN-78240

Advocate for the Petitioner   : U BHARADWAJ, MS. L WANGSA,MS A DAS,MR P C
SARMA,MR. T DEURI

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




Linked Case : I.A.(Crl.)/1265/2025

SHRI RATNESWAR PHANGSHO AND 2 ORS.
SON OF KINA PHANGSHO
 RESIDENT OF VILLAGE MAGUR SILA
 POLICE STATION- SONAPUR POST OFFICE- SONAPUR SO DISTRICT
-KAMRUP M
 ASSAM PIN-782402

2: SHRI DEVO RAHANG
SON OF MALAKA RAHANG
 RESIDENT OF VILLAGE MAGUR SILA
 POLICE STATION- SONAPUR POST OFFICE- SONAPUR SO DISTRICT
-KAMRUP M
 ASSAM PIN-782402

 3: SHRI BANESWAR PHANGSHO
SON OF TAHE PHANGSHO
 RESIDENT OF VILLAGE MAGUR SILA
 POLICE STATION- SONAPUR POST OFFICE- SONAPUR SO DISTRICT
-KAMRUP M
 ASSAM PIN-782402
 VERSUS

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

2:SRI BIHU TERON
SON OF LATE BIRJU TERON RESIDENT OF VILLAGE- MAGUR SILA POST
OFFICE- NARTAP POLICE STATION- SONAPUR DISTRICT-KAMRUP M
ASSAM PIN-782402
 ------------
Advocate for : U BHARADWAJ
Advocate for : appearing for THE STATE OF ASSAM AND ANR.
                                                                                   Page No.# 3/3


                                BEFORE
              HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                           ORDER

Date : 26.11.2025

1. Heard Mr. T Deuri, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam.

2. This is an application sub-section 2 of section 415 of the BNSS, 2023 against the impugned judgment and order dated 30.10.2025 passed in connection with Sessions Case No. 117/2020 by which Sessions Judge, Kamrup (M) convicted the accused/appellants u/s 304(Part-II))/34 of the IPC and sentenced them to undergo Rigorous Imprisonment for a period of 7(seven) years and each of the accused/appellants have to pay a fine of Rs. 10,000/- (Rs Ten thousand only) in default of payment of fine, each of the accused/appellants have to undergo simple imprisonment for a period of 3(three) months.

3. Issue notice to the respondent No. 2.

4. Steps to be taken within 3(three) days by registered post with A/D.

5. Call for the scanned copy of the T.C.R from the Ld. Court below.

6. List the matter on 08.01.2026.

JUDGE

Comparing Assistant