SRI BHUPEN TALUKDAR v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
Accordingly, this interlocutory application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 389(1)
- Indian Penal Code, 1860 ss. 34, 147, 201, 302, 364, 387
Key paragraphs
- Para 44. Accordingly, this interlocutory application stands disposed of. Page No.# 3/3 JUDGE JUDGE Comparing Assistant
Judgment
2: SRI BHUPEN TALUKDAR S/O KARUNA TALUKDAR R/O OF VILL.- CHANDKUCHI JENGPARA P.S.- NALBARI DIST.- NALBARI ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM. ------------ Advocate for : MS R GOSWAMI (LEGAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 04.08.2023 (K.R. Surana, J) Heard Ms. R. Goswami, learned Legal Aid Counsel appearing for the applicants. Also heard Ms. B. Bhuyan, learned senior counsel and APP appearing for the State, assisted by Ms. B. Borah, learned counsel.
This interlocutory application has been filed under section 389(1) Cr.P.C., whereby the applicants have prayed for suspension of sentence dated
18.06.2023, passed by the learned Sessions Judge, Nalbari in Sessions Case No. 02/2003, thereby convicting the applicants under section 147/364/302/201/387 of the Indian Penal Code sentencing the accused persons to go for rigorous imprisonment for 10 (ten) years for the offence under section 364/34 of the Indian Penal Code and to pay a fine of Rs. 2,000/- each in default of to suffer imprisonment for another rigorous 6 (Six) months to go for life imprisonment for the offence under section 302/34 of the Indian Penal Code and to pay a fine of Rs. 5,000/- each, in default of to suffer rigorous imprisonment for 1 (One) year and to go for rigorous imprisonment for 5 (Five) years for the offence under section 201/34 of the Indian Penal Code and to pay a fine of Rs. 1,000/- each in default to suffer rigorous imprisonment for 3 (Three) months.
Considering the evidence of the PW, specifically regarding the applicants leading the police to the recovery of the dead body, as well as considering the confessional statement made by both the applicants before the learned Judicial Magistrate whereby both have admitted their guilt, the Court is not inclined to suspend the sentence imposed on the applicants.
Operative part
Accordingly, this interlocutory application stands disposed of. Page No.# 3/3 JUDGE JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this interlocutory application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 389(1); Indian Penal Code, 1860 — ss. 34, 147, 201, 302, 364, 387.
Which court decided this case, and when?
Gauhati High Court, on 04 Aug 2023. The bench was K R SURANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.