Crl.Pet. 598/2013. Gauhati High Court

Case NumberCrl.Pet. 598/2013
Judgement DateJuly 14, 2019
CourtGauhati High Court

Crl. Pet. No. 598 of 2013

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK

14.07.2017

Heard Mr. Tanmay Jyoti Mahanta, learned senior counsel assisted by Ms. Panchali Bhattacharya, learned counsel for the petitioner. Also heard Mr. Bhaskar Jyoti Dutta, learned Additional Public Prosecutor appearing for the State, the sole Respondent.

  1. The petitioners herein are charge-sheeted accused persons in Sessions Case No. 56 of 2010 arising out of Gauripur Police Station Case No. 314 of 2008 and they are aggrieved by the order dated 23.05.2011 passed by learned Sessions Judge, Dhubri against them who are charge-sheeted accused in Sessions Case No.56 of 2010 arising out of Gauripur P.S. Case No.314 of 2008. I n the same case, their son Md. Rahi Masum Raja has also been charge sheeted. Police after investigating the matter vide No. 24/ 2009 dated

    31.03.2009 in said Gauripur P.S. Case No. 314/ 2008 initially submitted the charge-sheet against the present petitioners and their said son Md. Rahi Masoom Reza for the offences under Sections 498A/ 306 I PC due to the death of Mrs. Mahsina Rahman, daughter-in-law of the petitioners and wife of their son Md. Rahi Masoom Reza, the other accused of the case.

  2. The learned Assistant Sessions Judge, Dhubri on 10.02.2011 during the trial of said Sessions Case No. 56/ 2010 observed that the Hon’ble Supreme Court in the said case directed to add Section 302 I PC in addition to Section 498-A/ 306 I PC and accordingly, forwarded the said matter to the Court of learned Sessions Judge, Dhubri for necessary orders and the learned Sessions Judge, Dhubri after perusal of the records, hearing the parties and considering the matter, by order dated 23.05.2011 passed in said Sessions Case No. 56/ 2010 framed charges under Section 498-A/ 304-B/ 302/ 34 I PC against all the accused persons of the said Sessions Case including the present petitioners,

    Crl. Ptn. No. 598 of 2013 Page 4 of 4

    which were read over and explained to them, to which the accused persons pleaded not guilty and claimed to be tried.

  3. The petitioners being aggrieved with the order dated 23.05.2011 of learned Sessions Judge, Dhubri with regard to inclusion of Section 302 I PC in the said Sessions Case No. 56/ 2010 have preferred this Criminal Petition.

  4. I t is seen that before issuance of the impugned order dated 23.05.2011, the learned Sessions Judge, Dhubri heard the parties including the present petitioners. The learned Sessions Judge, Dhubri from the...

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