Allowed¶22

Sri Khedna Karmakar v. the State of Assam and Anr.

Gauhati HC10 Mar 2026I.A.(Crl.)/251/2026

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; 27 days' delay; criminal appeal; Sessions Case No. 16/2025; Sessions Judge Dhemaji; conviction u/s 304 Para-I IPC; R.I. 7 years; fine Rs. 5,000/-; Khedna Karmakar; Budhuwa Karmakar; Jonali Karmakar; Dipankar Karmakar; State of Assam; no objection by Addl. PP Borthakur; petition allowed; Registry to register connected appeal; Gauhati High Court; 2026:GAU-AS:3584; GAHC010044932026.

What did the court decide?

Condonation of the 27 days' delay in filing the connected appeal granted (petition stands allowed); Registry directed to register the connected appeal and list it after registering and numbering; the Interlocutory Application stands disposed of. ¶22

Sri Khedna Karmakar Vs the State of Assam and… — Murder and Culpable Homicide | Gauhati HC (2026)

Page No.# 1/2

GAHC010044932026

2026:GAU-AS:3584

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : I.A.(Crl.)/251/2026

¶6

SRI KHEDNA KARMAKAR

¶7

S/O LATE BUDHUWA KARMAKAR, R/O VILL. BOLAIPAM, P.O. RATANPUR, P.S. JONAI, DIST. DHEMAJI, ASSAM.

¶8

VERSUS

¶9

THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

¶10

2:JONALI KARMAKAR W/O LATE DIPANKAR KARMAKAR R/O VILL. BALAIPAM UNDER P.S. JONAI DIST. DHEMAJI ASSAM

¶11

Advocate for the Petitioner : MR. R S MISHRA, MS. M DEY,MS B SARMA,MR. J P MORE

¶12

Advocate for the Respondent : PP, ASSAM,

¶13

BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

¶14

ORDER

¶15

Date : 11-03-2026

¶16

Heard Ms. M. Dey, the learned counsel for the petitioner. Also heard Mr. P.

¶17

Page No.# 2/2

¶18

Borthakur, the learned Addl. PP appearing on behalf of State respondent.

¶19

2. This is an application u/s 5 of the Limitation Act praying for condoning of delay of 27 days in filing the connected appeal against the judgment and order dated 04.12.2025 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 16/2025 convicting and sanctioning the appellant to undergo R.I. for 7 years and to pay a fine of Rs. 5,000/- with default stipulation for the offence punishable u/s 304 Para-I IPC.

¶20

3. It is submitted by Ms. Dey that due to delay in consulting with the counsel through the local Advocate it took some time and thus there was delay of 27 days in preferring the appeal. But, there was no laches or negligence on the part of the present applicant/appellant in preferring the appeal with a delay of 27 days.

¶21

4. Mr. Borthakur, the learned Addl. PP raised no objection and submitted that the State has no objection if the delay of 27 days is condoned.

¶22

5. In view of above and considering the grounds mentioned in the petition to be reasonable ground, the prayer for condoning the delay of 27 days is hereby allowed. In view of this, the petition stands allowed, delay of 27 days is condoned.

¶23

6. Registry will do the needful in registering the connected appeal and matter may be listed after registering and numbering.

¶24

7. With the above observations, this Interlocutory Application stands disposed of.

¶25

JUDGE

¶26

Comparing Assistant

Sri Khedna Karmakar v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Khedna Karmakar v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dipen Sarma Vs the State of Assam

Sachin Kumar Vs the State of Assam

Mrinal Das Alias Mrinal Ch Das Vs the State of Assam

Baba Das Vs the State of Assam

MD Nizamul Hoque @ Mizamul Hoque Vs MD Bazlur Rahman @ Baznur Rahman

Saiqul Islam Barbhuiya Alias Saiful Islam Borbhuiya Vs the State of Assam