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2025 DAILYLAW 24821 (GAU)

MADHURJYA BORAH, v. THE STATE OF ASSAM and ANR,

Crl.A./237/2014 · 2025-11-17

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/2 GAHC010226342014 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./237/2014 MADHURJYA BORAH, S/O SRI RAJEN BORAH, R/O VILL. RAGHUBARI UNDER GAURISAGAR POLICE STATION IN THE DIST. OF SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM and ANR, 2:RANJIT BORAH S/O LATE SARULORA BORAH R/O VILL. RAGHUBARI UNDER GAURISAGAR POLICE STATION IN THE DIST. OF SIVASAGAR ASSAM Advocate for the Petitioner : MR.T G BARUAH, MR.D TALUKDAR,MR.P CHOUDHURY,MR. K SAIKIA Advocate for the Respondent : MRS.R BORO BORA, PP, ASSAM,MR.U J SAIKIA(R-2), Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 18.11.2025 Heard Mr. D. Talukdar, learned counsel appearing for the appellant. Also heard Ms. R. Boro Bora, learned counsel appearing for the respondent No. 2, and Mr. M.P. Goswami, learned Additional Public Prosecutor. Ms. R. Boro Bora, learned counsel, submits that during the pendency of the appeal, the accused/respondent No. 2 has expired, and in support of her submission, she produces a death certificate issued by the Government of Assam, Department of Health and Family Welfare, Jorhat Medical College and Hospital (JMCH), Jorhat, Assam. A perusal of the said death certificate indicates that the accused expired on 30.03.2024. In view of the above, as the accused/respondent No. 2 has expired during pendency of this appeal, this appeal, stands abated against him. Accordingly, the criminal appeal, being infructuous, stands dismissed. The aforesaid death certificate is kept on record and marked as “X”. JUDGE Comparing Assistant