Gauhati High Court
Biswajit Paul vs State Of Assam And 6 Ors on 3 April, 2019
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/5
GAHC010131802013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A. 294/2013
1:BISWAJIT PAUL
S/O SRI PUTUL CH. PAUL, VILL. SHAKIN KUMARPARA, ARUNACHAL ,
P.S.SILCHAR, DIST. CACHAR.
VERSUS
1:STATE OF ASSAM and 6 ORS.
REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM.
2:NIROBINDU BHUSAN PAUL
3:NIHAR RANJAN PAUL
S/O SRI NOROBINDU BHUSAN PAUL
4:SRI PRADIP PAUL
S/O SRI NOROBINDU BHUSAN PAUL
5:SHUBHENDU PAUL
S/O SRI NOROBINDU BHUSAN PAUL
6:KAMALENDU BHUSAN PAUL
S/O SRI NOROBINDU BHUSAN PAUL
7:NIRMOLENDU PAUL
S/O SRI NOROBINDU BHUSAN PAUL
ALL ARE THE RESIDENT OF VILL. RAKHAL KHALERPAR
PART-I
ARUNACHAL
P.S. SILCHAR
DIST. CACHAR
Advocate for the Petitioner : MR.R GOSWAMI
Page No.# 2/5
Advocate for the Respondent : MR.A CHOUDHURY
Linked Case : Crl.L.P. 31/2013
1:BISWAJIT PAUL
S/O SRI PUTUL CH. PAUL
VILL. SHAKIN KUMARPARA
ARUNACHAL
P.S. SILCHAR
DIST. CACHAR.
VERSUS
1:THE STATE OF ASSAM and 6 ORS
2:NIROBINDU BHUSAN PAUL
3:NIHAR RANJAN PAUL
S/O SRI NOROBINDU BHUSAN PAUL
4:SRI PRADIP PAUL
S/O SRI NOROBINDU BHUSAN PAUL
5:SHUBHENDU PAUL
S/O SRI NOROBINDU BHUSAN PAUL
6:KAMALENDU BHUSAN PAUL
S/O SRI NOROBINDU BHUSAN PAUL
7:NIRMOLENDU PAUL
S/O SRI NOROBINDU BHUSAN PAUL
ALL ARE THE RESIDENT OF VILL. RAKHAL KHALERPAR
PART-I
ARUNACHAL
P.S. SILCHAR
DIST. CACHAR.
Advocate for the Petitioner : MR.I ALAM
Advocate for the Respondent : MRA A LASKAR
Linked Case : I.A.(Crl.) 431/2018
Page No.# 3/5
1:SRI BISWAJIT PAUL
S/O- SRI PUTUL CHANDRA PAUL
VILL- SHAKIN KUMARPARA
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY ITS P.P.
ASSAM
2:SRI NIROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
3:SRI NIHAR RANJAN PAUL
S/O- SRI NOROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
4:SRI PRADIP PAUL
S/O- SRI NOROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
5:SRI SHUBHENDU PAUL
S/O- SRI NOROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
Page No.# 4/5
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
6:SRI KAMALENDU BHUSAN PAUL
S/O- SRI NOROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
7:SRI NIRMOLENDU PAUL
S/O- SRI NOROBINDU BHUSAN PAUL
R/O- VILL- RAKHAL KHALERPAR
PART-I
ARUNACHAL
PS- SILCHAR
DIST- CACHAR
ASSAM
PIN-788025
Advocate for the Petitioner : MR. I ALAM
Advocate for the Respondent : PP
ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
03-04-2019.
Heard the learned counsel appearing for the petitioner. None has appeared for the respondent Nos.2
--7, although the vokalatnama has been filed and the name of the counsel has also been shown in the cause list. The respondent No.1 is a formal party.
Heard the submission of learned counsel for the petitioner on the ground of delay that due to preferring an appeal before the wrong forum and the learned appellate Court has disposed the appeal Page No.# 5/5 vide C.A. No.28/2012, on 01.07.2013. Thereafter the present appeal has been preferred.
After going through the evidence on record and the order of the learned appellate Court annexed, it appears that the delay is unintentional.
Accordingly the delay in preferring the appeal is condoned.
Also considered the prayer for granting special leave to prefer the appeal against the impugned judgment and order.
As it appears from the impugned judgment and order that the learned trial Court has not appreciated the evidence of eye witness and has come to a finding that the appellant/complainant has failed to prove the exclusive possession over the dispute land and thereby acquitted the accused persons.
Having regard to the submission and after going through the impugned judgment and order, it appears that the petitioner has a good ground to challenge the judgment and order. Accordingly leave is granted to prefer the appeal as sought for.
Both the applications stands disposed of.
JUDGE Comparing Assistant