MADHUSUDAN HARIJAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The revisioner petitioner herein was tried by the learned Magistrate, Hailakandi in G.R. Case;No. 647/1980 under Section 326 I.P.C. and Section 25(1)(a) of the Arms Act, 1956. On completion of the trial, the petitioner along with Santi Bala were convicted under Section 25(1)(a) of the Arms Act and sentenced to Rigorous Imprisonment for three years and to pay a fine of Rs.500/-, in default to further simple imprisonment for two months.

(2.) Aggrieved thereby, the petitioner preferred Criminal Appeal No. 11(2) of 1992 before the learned Sessions Judge, Hailakandi. The learned Sessions Judge, Hailakandi dismissed the appeal and upheld the conviction and sentence of the; revision petitioner. However, the conviction and sentence awarded to the accused Santi Bala was set aside. Thereafter, the revision petitioner has preferred this revisionfor setting aside the sentence awarded against him.

(3.) I have heard Mr D. Mazumdar, learned counsel for the revision petitioner as well as Mr D. Das, learned Public Prosecutor, Assam in details and also perused the materials available in the lower Courts record in details.