Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 7087 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 8 September, 2025

                                                                         Page No.# 1/3

GAHC010171242025




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

                                  Case No. : Crl.A./324/2025

            DIJEN BORTHAKUR AND ANR.
            S/O. LT. LAKHI BOTHAKUR

            2: SAPONTI BORTHAKUR
             S/O. LT. LAKHI BOTHAKUR
            BOTH ARE R/O. VILL.- BHIRGAON
             P/O. AND P/S. BISWANATH CHARIALI
             DIST. BISWANATH
            ASSAM
             PIN-78417

            VERSUS

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



Advocate for the Petitioner   : R SARMA, MR. K R BOROOAH,MR P K KALITA

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



                                               BEFORE
                       HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
                                              ORDER

08/09/2025

Heard Mr. P K Kalita, learned Senior counsel assisted by Mr. K R Borooah, learned counsel for the appellants.

The instant appeal has been initiated assailing the judgment and order dated 30.06.2024, passed by the learned Sessions Judge, Biswanath, Biswanath Chariali, in Sessions Case No. 08/2017 convicting the appellant, herein, Dijen Borthakur, under Sections 323/34 IPC along with one Saponti Borthakur. On such conviction, the appellant, herein, was sentenced to undergo Rigorous Imprisonment for 3 (three) months and to pay a fine of Rs.1,000/-, in default, to undergo Rigorous Imprisonment for 1 (one) month. The appellant along with said Saponti Borthakur were further sentenced to undergo Simple Imprisonment for 15 (fifteen) days for the offence punishable under Sections 341/34 IPC.

It is submitted by Mr. P K Kalita, learned Senior counsel that a cross case was also instituted by the appellant along with Saponti Borthakur against the informant, Ujjal Hazarika and said informant was convicted therein and sentenced to under Rigorous Imprisonment for 6 (six) months and to pay a fine of Rs.1000/-, in default, to undergo Simple Imprisonment for 1 (one) month under Sections 323/34 IPC. The said informant was also sentenced to undergo Rigorous Imprisonment for 1 (one) month and to pay a fine of Rs.500/-, in default, to undergo Simple Imprisonment for 15 (fifteen) days for offence punishable under Sections 447/34 IPC along with one Suren Hazarika.

In view of the above position emanating in the matter, issue notice to the respondent.

Mr. B Sarma, learned Additional Public Prosecutor, Assam appears for the State and accepts notice on behalf of the respondent No. 1.

Registry to call for the scanned copy of the Trial Court Records.

In the meanwhile, till the next returnable date, the impugned sentence passed by the learned Sessions Judge, Biswanath, Biswanath Chariali in Sessions Case No. 08/2017 against the appellants, Page No.# 3/3

herein, shall remain suspended.

Registry to list this matter immediately on receipt of the Trial Court Records.

JUDGE

Comparing Assistant