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Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 28 September, 2021

Author: Ajit Borthakur

Bench: Ajit Borthakur

                                                                          Page No.# 1/3

GAHC010150852021




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

                                 Case No. : Crl.A./152/2021

            BOLORAM NAMODAS AND ANR.
            S/O- LATE SRIKANTA NAMODAS, R/O- VILL.- PHULKUMARI, P.O.
            SILKHAGURI, P.S. BIJNI, DIST.- CHIRANG (BTR), ASSAM, PIN- 783390.

            2: KANAI NAMODAS
             S/O- LATE SRIKANTA NAMODAS
             R/O- VILL.- PHULKUMARI
             P.O. SILKHAGURI
             P.S. BIJNI
             DIST.- CHIRANG (BTR)
            ASSAM
             PIN- 783390

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR A A DEWAN

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

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

28.09.2021 Hearing held through remote video conference.

Heard Mr. A.A. Dewan, learned counsel for the applicants/appellants as well as Mr. B.B. Gogoi, learned Addl. P.P. Assam appearing for the State respondent.

This appeal under Section 373(2) Cr.P.C. has been preferred against the impugned Judgement and Order of conviction, dated 26.08.2021, passed in Sessions case No. 148B/2018 pertaining to Bijni P.S. case No. 300/2112 under Sections 120B/304/326/34 of the IPC by the learned Additional Sessions Judge, Bijni, Chirang, whereby the appellants/applicants were held guilty for the offence punishable under Section 304 Part II/323 IPC and they were sentenced to 2(two) years and to pay fine of Rs. 20,000/- (Twenty Thousand) each and in default to undergo simple imprisonment for another one month under Section 304 Part II IPC, and also further sentence to undergo simple imprisonment for another 2(two) months for committing an offence under Section 323.

The appeal is admitted.

As Mr. B.B. Gogoi, learned Addl. P.P. has entered appearance on behalf of the State/respondent No.1, no fresh notice needs to be issued. However, a copy of the memo of appeal along with the documents annexed thereto be furnished Page No.# 3/3 to him during the course of the day.

Issue notice to the respondent No. 2 by registered A/D post. Steps be taken within 5(five) days.

List this matter after 4(four) weeks.

JUDGE Comparing Assistant