MAIPHAI SINGH DAULAGUPA Vs. STATE OF ASSAM
LAWS(GAU)-1994-12-8
HIGH COURT OF GAUHATI
Decided on December 16,1994

MAIPHAI SINGH DAULAGUPU Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

V.Dutta Gyani, J. - (1.)This appeal arises out of judgment dated 18.9.92 in Sessions Case No. .34/87 passed by the Additional Deputy Commissioner, Karbi Anglong, Diphu holding the accused-appellant guilty of offence punishable under section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/- and in default in payment of fine, thirty days simple imprisonment.
(2.)Under Rule 16 of the Rules for the Administration of Justice and Police in the Sibagar, Nowgong and Mikir Hills Tracts a reference was made on 19.10.92 for confirmation of sentence by the trial court, which was registered as Criminal Hills Reference No. 3/92, while the accused preferred the present appeal (Crl. Appeal No. 146 (J)/92) from jail on 3.10.92. During the pendency of this appeal the Crl Hill Reference No. 3/92 was heard and decided on 12.1.94 by a Division Bench of this Court comprising of one of us (Sangma J) sitting with Das J. This fact came to notice of the Court on 4.3.94 and by order dated 16.6.94 a Division Bench comprising of Phukan and Patnaik JJ posed the following question -
"Whether after confirmation of the judgment by this Court under this rule, the appeal filed by the accused-appellant against the very thing judgment survives? and directed the matter be placed before the Hon'ble the Chief Justice for suitable orders. Accordingly, the matter has been placed before us.

(3.)Confining ourselves to the question raised, we do not for a white propose to go into the merits of the appeal.


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