Gauhati High Court
I.A.(Crl.)/61/2026 of UTTAM BISWAS Vs THE STATE OF ASSAM on 23 April 2026
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
GAHC010027382024
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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
ASSAM.
VERSUS
THE STATE OF ASSAM
REP BY THE PP
ASSAM
2:BISHNU BISWAS
S/O LATE CHANTU BISWAS
ASSAM
PIN- 783331.
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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
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
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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, this matter has been listed for final hearing on 09/06/2026.
5. The application is accordingly rejected.
JUDGE JUDGE Comparing Assistant