Page No.# 1/3 GAHC010027382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/61/2026 UTTAM BISWAS S/O LATE SUSHIL BISWAS VILL.- JHAPSHABAI PART- IV P.S.- AGOMANI DIST.- DHUBRI ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:BISHNU BISWAS S/O LATE CHANTU BISWAS VILL.- JHAPSHABAI PART- IV P.S.- AGOMANI DIST.- DHUBRI ASSAM PIN- 783331. ------------ Advocate for : MR. A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM in Crl.A./230/2024 UTTAM BISWAS S/O LATE SUSHIL BISWAS, VILL.- JHAPSHABAI PART- IV, P.S.- AGOMANI, DIST.- DHUBRI, ASSAM. Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE P.P., ASSAM. 2:BISHNU BISWAS S/O LATE CHANTU BISWAS VILL.- JHAPSHABAI PART- IV P.S.- AGOMANI DIST.- DHUBRI ASSAM PIN- 783331 Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, MR. A DAS (R-2) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 24/04/2026 (Michael Zothankhuma, J) 1. Heard Mr. A. Rahman, learned counsel for the applicant/appellant. Also heard Ms. A. Begum, learned APP, Assam, appearing for the State. 2. This is an application under section 430(2) BNSS for suspending the sentence of the appellant/applicant, who was convicted under section 302/324/447 IPC by the Court of the learned Additional Sessions Judge, Dhubri, in Sessions Case No. 160/2018, for having stabbed the deceased , which resulted in his death. 3. The evidence of PWs- 1, 2 & 4 is to the effect that they had seen the present applicant stabbing the deceased and also injuring PW-2 with the knife. 4. When there are eye witnesses to the crime, besides PW-2 being an injured eye witness, we are not inclined to allow the prayer for suspension of the sentence. Besides, Page No.# 3/3 this matter has been listed for final hearing on 09/06/2026. 5. The application is accordingly rejected. JUDGE JUDGE Comparing Assistant