Page No.# 1/3 vs The State Of Assam And Anr
2026 Latest Caselaw 15 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 5 January, 2026

                                                                       Page No.# 1/3

GAHC010275272025




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

                                Case No. : Crl.A./450/2025

           TAHER ALI AND ANR
           S/O SLIM ALI, VILL. TARKHUTI, P.S. DIMAKUCHI, DIST. UDALGURI,
           ASSAM.

           2: SUKUR ALI

            S/O AKRAM ALI
            VILL. TARKHUTI
            P.S. DIMAKUCHI
            DIST. UDALGURI
            ASSAM

           VERSUS

           THE STATE OF ASSAM AND ANR
           REP BY THE PP, ASSAM

           2:MD IKBAL HASSAN

            S/O MD. MAHTAB ALI
            R/O VILL. BANSERIA
            P.O. AND P.S. TANGLA
            DIST. UDALURI
            ASSAM
            PIN 78452

Advocate for the Petitioner : MR. I CHOUDHURY, MR P CHOUDHURY,R L
CHUTIA,HIMSHIKHA TALUKDAR

Advocate for the Respondent : PP, ASSAM,




                                           BEFORE
                                                                                 Page No.# 2/3

                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

05.01.2026

Heard Mr. R.L. Chutia, learned counsel for the accused-appellants and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent no. 1 State of Assam.

2. This criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment dated 18.11.2025 and an Order on sentence dated 20.11.2025 passed by the Court of learned Sessions Judge, Udalguri ['the Trial Court'] in Sessions [T-II] Case no. 18/2025. By the Judgment and Order on sentence, both the accused-appellants have been convicted for the offence under Section 305[e] r/w Section 3[5] of the Bharatiya Nyaya Sanhita [BNS], 2023. In view of the conviction, the accused- appellants have been sentenced to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 10,000/- each and in default, to undergo simple imprisonment for another month each.

3. I have gone through the contents of the memorandum of the criminal appeal.

4. The criminal appeal is admitted for hearing.

5. Let the case records of Sessions [T-II] Case no. 18/2025 be called for.

6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice in respect of the respondent no. 1, issuance of formal notice in respect of the respondent no. 1 is dispensed with. The learned counsel for the appellant shall serve a copy of the memo of appeal along with annexures, to Mr. Kaushik within 3 [three] working days from today.

Page No.# 3/3

8. The appellant shall take steps for service of notice upon the respondent no. 2 by speed post within 3 [three] working days from today.

9. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant