Page No.# 1/2 GAHC010240362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1197/2025 in Crl.A./411/2025 MINU YEIN AND 2 ORS. W/O SRI BIM YEIN 2: PRATIMA MILI W/O SRI BILOLAR MILI 3: ABISHKAR MILI W/O SRI BILOLAR MILI ALL ARE R/O PANI MIRI GAON KOLAKHOWA P.O BARBARUAH P.S BARBARUAH DISTRICT DIBRUGARHPIN 786007 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLICPROSECUTOR ASSAMGAUHATI HIGH COURT, GUWAHATI - 01. 2:BINU MILI W/O LATE ABDUL MILIR/O KALAKHOWA PANI MIRI GAON P.O BARBARUAH P.S BARBARUAH DISTRICT DIBRUGARH, ASSA ------------ Advocate for : MR. B B KAKATI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE HELEN DAWNGLIANI ORDER Date : 10.09.2026 (M. Zothankhuma, J) Heard Mr. N. N. Upadhyaya, learned counsel for the applicants and Ms. A. Begum, learned Addl. PP, Assam. 2. This is an application under Section 430 B.N.S.S. for suspension of the sentence being undergone by the applicant, pursuant to the impugned judgment and order dated 19.09.2025 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.230/2022, by which the applicants have been convicted and sentenced under Sections 302/34 of the I.P.C. 3. After hearing the counsels for the parties, we find that besides the other testimonies of the Prosecution Witnesses, PW Nos. 1, 2 & 3 have categorically stated that the deceased entered into his house in an injured condition and told all the people gathered therein that the applicants had assaulted him along with four or five other persons, who he could not see. Further, the deceased died prior to the vehicle having arrived in his house, which was to take the deceased to the hospital. 4. On considering the above evidence of PW No. 1, 2 & 3, we are not inclined to allow this application at this stage. Further, the hearing of the main appeal has been fixed on 01.10.2026. 5. The IA is accordingly dismissed. JUDGE JUDGE Comparing Assistant