Page No.# 1/3 GAHC010103662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/516/2025 in Crl.A./180/2025 CHAINA KHATUN AND ANR. WIFE OF KITAB ALI RESIDENT OF VILLAGE - BOYZER ALGA P.S. FAKIRGANJ DISTRICT - DHUBRI ASSAM. 2: KETAB ALI @ KITAB ALI @ KITAP ALI S/O. LT. DANESH ALI R/O. VILL.- BOYZER ALGA P/S. FAKIRGANJ DIST. DHUBRI ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP ASSAM 2:SAHID ALI S/O. LT. OSIMUDDIN R/O. VILL.- BOYZER ALGA PART-I P/S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783339. ------------ Advocate for : MR. N MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 28.08.2026 (M. Zothankhuma, J) Heard Mr. D. Bora, learned counsel for the applicant/appellant and Ms. A. Begum, learned Addl. PP, Assam. 2. This is an application under Section 430(2) BNSS for suspending the sentence to be undergone by the applicant, pursuant to the impugned judgment and order dated 28.03.2025, passed by the learned Addl. Sessions Judge, Dhubri in Sessions Case No. 179/2014. The applicant had been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for three months under Sections 302/34 IPC. 3. The applicant’s counsel submits that there is no eye witness to the crime and that the dead body of the victim was found in the abandoned house of the applicant. He submits that the recovery of the dead body from the abandoned house of the applicant does not ipso-facto prove that the applicant was involved in the death of the deceased. 4. On the other hand, the learned APP submits that a perusal of the evidence of Prostitution Witness No. 1 goes to show that the house of the applicant was not abandoned, besides the fact that the applicant had not allowed PW-1 and one Moiful to enter the house from where the body of the deceased had been recovered. Page No.# 3/3 5. The extract of para 7 of the impugned judgment passed by the learned Trial Court is reproduced herein as follows:- “On being asked, Shah Zamal told him that A - 1 and A - 2 took his brother to their house from market. Next day morning, he and Moiful went to the house of A – 2. On seeing them, A - 2 locked the door of her house. They suspected as to why A - 2 locked the door. Then, they reported the matter to nearby people and also reported to police. Police arrived in the house of A – 2. On being asked, A - 2 told that she hid the dead body of deceased Sumar Ali under a bed, covered by jute leaves. Accordingly, police and others recovered the dead body which was lying inside the bed covered by jute leaves and police brought out the same.” 6. A perusal of the above does not indicate that the applicant's house was an abandoned house. In fact, the applicant had not allowed PW-1 and Moiful to enter the said house and had locked it. It was only when the police had arrived that entry into the house was allowed, whereupon the body of the deceased had been found. 7. On considering the above fact, we are not inclined to allow the prayer for suspension of the sentence at this stage. 8. The application is accordingly dismissed. JUDGE JUDGE Comparing Assistant