SIMANTA CHIRING Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the accused/petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) By this petition filed under Sections 397/401 read with Section 482 Cr.P.C., the accused/petitioner has challenged the legality and correctness of the judgment and order, dated 28.02.2011, passed by the learned Additional Sessions Judge, FTC No. 1, Tinsukia in Criminal Appeal No. 28(3)/2010, whereby partly allowed the appeal by setting aside the conviction and sentence under Section 448 of the IPC and by affirming the conviction and sentence under Section 353 of the IPC, passed by the learned SDJM (M), Sadiya in G.R. Case No. 143/2006.

(3.) The prosecution case, in a nutshell, is that the Sub-Divisional Animal Husbandry and Veterinary Officer (SDAHVO), Sadiya lodged an FIR on 29.12.2006 with the Officer-in-Charge of Sadiya P.S., alleging that the accused/petitioner demanded preparation of his monthly salary bill to one Shri Khanindra Baruah, Accountant of the informant's office. As Shri Baruah refused to prepare the monthly salary bills, the petitioner used criminal force and attempted to assault him by showing gestures as well as by throwing hard paper weight and also threw out a type machine within the office. Sri Baruah, however, saved himself by coming out of the said office. The petitioner even followed him to the outside of the office with a ruler and a scale. Based on the aforesaid FIR, Sadiya P.S. Case No. 85/06 under Sections 448/353/427 of the IPC was registered and after completion of investigation, the police laid a charge-sheet against the petitioner.