Dwipen Rajbongshi v. The State of Assam and Anr

ORDER

14.06.2024 [Manish Choudhury, J.]

Heard Mr. J. Das, learned Legal Aid Counsel for the applicant-appellant and Ms. S.H. Borah, learned Additional Public Prosecutor for opposite party no. 1.

¶2The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 87 days in preferring in accompanying appeal.

¶3Pursuant to the order dated 10.04.2024, a report from the learned Chief Judicial Magistrate, Nalbari has been received reporting that the respondent no. 2 has expired in the meantime.

¶4The applicant as the appellant, has preferred the accompanying appeal against a Judgment dated 13.09.2023 and an Order on sentence dated 18.09.2023 passed by the learned Sessions Judge, Nalbari in Sessions Case no. 57/2015. By the Judgment and Order on sentence, the applicant-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, with default stipulation.

¶5The applicant-appellant has explained the reasons for the period of delay of 87 days in paragraph 4 to paragraph 10 of the instant application.

¶6Having gone through the statements and averments made in paragraph 4 to paragraph 10, we are of the considered view that the applicant-appellant has been able to explain the reasons showing sufficient cause regarding the delay of 87 days, which has occurred in preferring the accompanying appeal. In such view of the matter, the instant interlocutory application stands allowed. Page No.# 3/3

¶7The Registry to register the connected appeal and list the same thereafter accordingly.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010028832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/151/2024o DWIPENoRAJBONGSHIo S/OoLATEoDADHIoRAJBONGSHI,o VILL.-oBANGNABARI,o(MAJGAON),oP.S.oANDoDIST.-oNALBARI,oDIST.-o GOLAGHAT,oASSAM,oPIN-o781335. VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoTHEoP.P.,oASSAM. 2:NABINoRAJBONGSHI oS/OoLATEoBALIoRAJBONGSHI o VILL.-oBANGNABARI o(MAJGAON) oP.S.oANDoDIST.-oNALBARI oDIST.-oGOLAGHAT oASSAM oPIN-o781335o AdvocateoforotheoPetitionerooooo:oMRoJoDASo(LEGALoAIDoCOUNSEL)o AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MR. JUSTICE ROBIN PHUKAN