DHIREN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HAVING found the accused -petitioner herein guilty of the offence under section 353, I.P.C. read with section 34, I.P.C. in G.R. Case No. 1166/2001, the learned Judicial Magistrate, First Class, Nagaon, convicted the accused -petitioner accordingly and sentenced him to suffer rigorous imprisonment for three months and pay fine of Rs. 1,000/ - and, in default of payment of fine, undergo simple imprisonment for 15 days. Aggrieved by his conviction and the sentence, passed against him, the petitioner preferred an appeal, which gave rise to Criminal Appeal No. 25 (N)/2005. By judgment and order, dated 16.8.2007, the learned Additional Sessions Judge, F.T.C., Nagaon, while upholding the conviction of the accused -petitioner, has converted the sentence from rigorous imprisonment to simple imprisonment. Still dissatisfied, the accused -petitioner has filed this revision.

(2.) I have heard Mr. A.K. Goswami, learned Senior Counsel, for the accused -petitioner, and Mr. V.S. Singh, learned Additional Public Prosecutor, Assam.

(3.) THE case of the prosecution, as unfolded at the trial. may, in brief, be described thus : On 6.8.2001, at about 10 p.m., when P.W. 1, a Forester Grade -I attached to the office of the Forest Range Office, Nagaon, along with his other staff, was on patrolling duty, on the verbal order of the Sub -Divisional Officer, Nagaon, at Telia Gaon locality, they happened to intercept one pull cart laden with one piece of log, but the cart puller managed to flee away leaving behind the pull cart. When P.W. 1 and his associates reached the national highway at Itachali, a group of 10/12 persons, including the present petitioners, forcibly took away the cart to the premises of M/s. H.B. Saw Mill situated at Itachali. At that time, the accused persons and their associates were all inebriated condition, they pelted stones and bricks aiming at the forest personnel, but the forest personnel, somehow, managed to escape unhurt. On F.I.R. being lodged, in this regard, by P.W. 1, a case was registered and the log, which was being carried on the pull cart, was accordingly seized. On completion of investigation, a charge -sheet was laid against the accused -petitioner and three others under sections 353/294/336/34, I.P.C.