Smti. Bimala Rani Das, v. Gautam Das and Ors,

ORDER

20.11.2024

Heard Mr. S. C. Biswas, learned counsel for the appellant. Also heard Mr. I. U. Choudhury, learned counsel appearing on behalf of Mr. H. R. A. Choudhury, learned Senior Counsel for the respondent. The present appeal has been filed against the judgment and order dated

30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009 by which all the accused persons were acquitted by giving benefit of doubt. The present appeal is preferred by the informant-mother. Mr. Biswas, learned counsel for the appellant submits that one of the injured victim namely, Tarun Das had also preferred an appeal against the judgment and order dated 30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009 against such acquittal and said appeal was registered as Crl. Appeal No. 43/2012. It is further submitted by Mr. Biswas, learned counsel for the appellant that Page No.# 3/3 aforesaid appeal has been dismissed by a Division Bench under its judgment and order dated 11.08.2022 upholding the judgment and order dated

30.04.2011 passed by the learned Additional District & Sessions Judge, FTC, Karimganj in Sessions Case No. 49/2009. In view of the aforesaid, Mr. Biswas, learned counsel for the appellant submits that nothing survives to be adjudicated in the present appeal. Accordingly, the present appeal stands also closed being infructuous. A copy of the judgment and order passed by the Division Bench in Crl. Appeal No. 43/2012 is kept on record. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010008652012 ooooooo 2024:GAU-AS:11283 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.A./194/2012o SMTI.oBIMALAoRANIoDAS,o W/OoLATEoSUMANTOoDAS,oVILL.oBORGUL,oP.O.DARGARBAND,oP.S.oR.K.o NAGAR,oDIST.oKARIMGANJ,oASSAM. VERSUSo GAUTAMoDASoandoORS,o S/OoSRIoNIMAIoCHANDoDAS 2:NIMAIoCHANDoDAS oS/OoLATEoNADIAoCHANDoDAS 3:BUDDHAoDAS oS/OoSRIoNIMAIoCHANDoDAS 4:AMRIToNAMOSUDRA oS/OoLATEoUPENDRAoNAMOSUDRA 5:RABINDRAoKUMARoDAS oS/OoLT.MONINDRAoCH.oDAS 6:NILMONIoNAMOSUDRA oS/OoSRIoNIHARoRANJANoNAMOSUDRA 7:RAJUoACHARJEE oS/OoSRIoRABINDRAoACHARJEE Page No.# 2/3 ALL ARE RESIDENT OF VILL.BORGUE P.O. DARGARBOND P.S. R.K.NAGAR DIST. KARIMGANJ-788156 ASSAM Advocate for the Petitioner : S C BISWAS, MR R K JAIN,A BHATTACHARJEE,B CHOUDHURY Advocate for the Respondent : MR.H R A CHOUDHURY, MR.I A HAZARIKA,MS.S K NARGIS,PP, ASSAM,MR.A ALAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY