PAYE MOSING Vs. NABA BORA @ JALIA@ JINTU

JUDGEMENT

(1.) This application u/s 5 of the Limitation Act, 1963 has been filed seeking condonation of delay of 82 (Eighty Two) days in preferring the connected appeal against the judgment dated 25.09.2013 passed by learned Sessions Judge, Lakhimpur in Session Case No. 1(NL)/2007 (State of Assam Vs. Naba Bora and 2 Ors.) acquitting the accused persons therein holding that the charge against the accused persons could not be established beyond all reasonable doubt.

(2.) Being aggrieved by and dissatisfied with, one Paye Mosin, wife of the deceased, namely, Tina Mohsin preferred an appeal along with this application seeking condonation of delay of 82 (Eighty Two) days in preferring the connected appeal. On the receipt of the application aforesaid, notice was ordered to be issued on the respondents including the accused persons in the aforesaid Session Case asking them to show cause as to why the delay of 82 (Eighty Two) days in preferring the connected appeal should not be condoned.

(3.) The respondents/accused persons entered appearance and contended that the delay of 82 days should not be condoned in preferring the connected appeal since the applicant/appellant could not assign good reason for not preferring appeal in time. Such a contention was also supported by Ms. S. Jahan, learned Addl. Public Prosecutor for the State/respondent.