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2025 DAILYLAW 26821 (GAU)

PRANAB TALUKDAR AND ANR. v. THE STATE OF ASSAM

CRL.A(J)/15/2023 · 2025-11-10

Michael Zothankhuma, Mitali Thakuria

Criminal Appealbody2025

Judgment text

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Page No.# 1/3 GAHC010198982022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRL.A(J)/15/2023 1. PRANAB TALUKDAR S/O GAHIN TALUKDAR, R/O OF VILL.- CHANDKUCHI, JENGPARA, P.S.- NALBARI, DIST.- NALBARI, ASSAM. 2: SRI BHUPEN TALUKDAR S/O KARUNA TALUKDAR R/O OF VILL.- CHANDKUCHI JENGPARA P.S.- NALBARI DIST.- NALBARI ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MS R GOSWAMI (LEGAL-AID-COUNSEL), Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11.11.2025. (M. Zothankhuma, J) Page No.# 2/3 Heard Ms. R. Goswami, learned Legal-Aid-Counsel appearing for the appellants. Also heard Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam for the State respondent. This is an appeal filed by the appellants, namely, Pranab Talukdar and Bhupen Talukdar against the impugned judgment dated 18.06.2003, passed by the learned Sessions Judge, Nalbari in Sessions Case No.02/2003, by which the above two appellants and one Manab Sarma have been convicted under Section 364/34 IPC, 302/34 IPC and 201/34 IPC. After hearing the parties at length, we have noticed that the present two appellants have already filed an appeal earlier in this Court, against the said impugned judgment which was registered as Criminal Appeal No.100(J) of 2003 (Manab Sarma and 2 others vs. the State of Assam). The Criminal Appeal No.100(J) of 2003 was disposed of vide judgment and order dated 08.01.2010 by this Court by acquitting Manab Sarma and at the same time, upholding the conviction and sentence of the present two appellants, namely, Bhupen Talukdar and Pranab Talukdar under Sections 364/302/201 read with Section 34 of the IPC. In view of the earlier judgment and order dated 08.01.2010, passed in Criminal Appeal No.100(J) of 2003, the present appeal has become infructuous. The appeal is accordingly closed as not being maintainable. The above being said, in view of the assistance provided by the learned Legal- Page No.# 3/3 Aid-Counsel, her fee should be paid by the Assam State Legal Services Authority, as per the norms. Send back the TCR. JUDGE JUDGE Comparing Assistant