Taijuddin Bhuyan v. The State of Assam and Anr

ORDER Date : 18.03.2024 (Kalyan Rai Surana, J) This court by order dated 15.06.2023, had elaborately discussed about the patent error which had crept in the common judgment and order dated

16.2.2018 passed by the learned Sessions Judge, Barpeta in Sessions Case No.131 of 2014 and Sessions Case No. 347 of 2015. Therefore, there is no necessity of reiterating of the contents of the order dated 15.6.2023.

¶2It would suffice to mention that the said 2 (two) Sessions cases were tried together and a common judgment was delivered, but in the process, reliance was placed on the evidence led in both the cases and therefore, this Court had arrived at a conclusion that the evidence recorded in the cross case cannot be looked into and nor can a judge be influenced by whatever has been argued in the cross case and that each case must be decided on the basis of the evidence which has been placed on record in that particular case.

¶3Therefore, this court had expressed an opinion that the matter has to be remanded back to the learned trial court for disposing of the two cross cases by two separate judgments after recording separate evidence of the common witnesses and not considering the evidence recorded in one case for adjudicating the issue in the other case. Page No.# 5/6

¶4This court had also noticed that the accused persons were acquitted in Sessions Case 347 of 2015 have not been made a party in the present appeals.

¶5Although it is observed that in connection with Sessions Case No. 131 of 2014, order of acquittal was passed in respect of Ali Bhuyan @Alim Bhuyan (accused No.3), Sahjahan Bhuyan (accused No.8), Nurul Bhuyan (accused No.9), Anisur Rahman (accused No.11) and Halim Bhuyan (accused No.13). Pursuant to notice issued by the court on the 5 (five) acquitted person in Session Case No.131 of 2014, Ms. A. Haque, learned counsel for the said respondents is present. Upon instructions, the learned counsel for the said acquitted accused Nos. 3, 8, 9, 11 & 13 has submitted that the said respondents have no objection to the remand of the matters back to the learned trial court for afresh hearing and decision.

¶6In so far as all the acquitted accused in Sessions case No.347 of 2015 are concerned, their names are (1) Abu Bakkar Sidique, (2) Mobarak Ali,

(3) Taijuddin and (4) Bilat Ali, upon whom notices were issued and though served, have not appeared.

¶7As there is likelihood of prejudice being caused to them on remanding the matter without hearing them. Therefore the only way to overcome the impasse would be to examine if the judgment of acquittal in Sessions case No.347/2015 is liable to be set aside as the common judgment & order dated 16.02.2018 impugned in these appeals is not sustainable as there is a procedural impropriety which vitiates the judgment and renders it void ab initio. Hence, the only way we perceived is to exercise the power of this Court Page No.# 6/6 under sections 397 and 401 Cr.P.C. read with section 378 Cr.P.C.

¶8Hence, the matter is being sent to the Registry to register it as Suo Motu Revision against the judgment and order dated 16.2.2018, in so far as Session case No. 347 of 2015 is concerned by which all of the 5 (five) accused named hereinbefore were acquitted.

¶9As the certified copy of the common judgment is already available in the record of Crl. Appl. No.82/2018 as well as in the record of Crl. Appl. No. 85 of 2018, we exempt enclosing of the certified copy of the judgment in the Suo Motu Revision. The photo copy of the said common judgment and copy of the order of this Court order dated 15.6.2023 passed in common both the appeals would be sufficient, for the time being for the registration of the Suo Motu Revision.

¶10Upon registration, the same shall be laid before the Court for passing appropriate orders.

¶11List the matter after 2 (two) weeks along with these 2 (two) appeals.

JUDGE JUDGE ..

Comparing Assistant

PageoNo.#o1/6 GAHC010061502018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.A./85/2018o AMIRoBHUYANo@oAMIRoALIoBHUYANoANDo6oORSo S/OoLATEoNEBAJoALIoBHUYAN 2:oSIRAJoBHUYANo@oSHIRAJULoHAQUEoBHUYAN oS/OoLATEoHARMUJoALIoBHUYAN R/OoFINGUAoPATHAR oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM. 4:oNURUZoZAMANoBHUYANo@oNURoJAMALoBHUYAN oS/OoAMIRoALIoBHUYAN oR/OoFINGUAoPATHAR oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM. 5:oTAZBARoALIoBHUYANoANDoTAJIBARoALIoBHUYAN oS/OoLATEoHARMUJoALIoBHUYAN oR/OoFINGUAoPATHAR oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM. 6:oTAIJUDDINoBHUYAN oS/OoLATEoHARMUJoALIoBHUYAN oR/OoFINGUAoPATHAR oP.S.oSARTHEBARI oDIST.oBARPETA oASSAM. 7:oSADEKoALIo@oSADEKoBHUYAN oS/OoLATEoHARMUJoALIoBHUYAN oR/OoFINGUAoPATHAR Page No.# 2/6 P.S. SARTHEBARI DIST. BARPETA ASSAM. 8: SAIJUDDIN ALI BHUYAN @ SAIJUDDIN BHUYAN S/O HARMUJ ALI BHUYAN ALL ARE R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:MD. BAHADUR ALI S/O MAKSED ALI R/O FINGUA PATHAR SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM Advocate for the Petitioner : MR. B K MAHAJAN Advocate for the Respondent : PP, ASSAM Linked Case : I.A.(Crl.)/1038/2019 TAIJUDDIN BHUYAN S/O LATE HARMUJ ALI BHUYAN R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM. Page No.# 3/6 2:BAHADUR ALI S/O MAKSED ALI R/O FINGUA PATHAR SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN 781307 ------------ Advocate for : MR. B K MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Crl.A./82/2018 MUSTAK ALI @ GOLAP MOSTAFA @ GOLAM MOSTAFA S/O KARIM ALI R/O FINGUA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSAM. VERSUS THE STATE OF ASSAM AND ANR S/O MAKSED ALI R/O FINGUA PATHAR SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN 781307 2:MD. BAHADUR ALI S/O MAKSED ALI R/O FINGUA PATHAR SARTHEBARI P.S. SARTHEBARI DIST. BARPETA ASSAM PIN 781307 ------------ Advocate for : MR. B K MAHAJAN Advocate for : PP Page No.# 4/6 ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MARLI VANKUNG