BUDUKA KALITA- ACCUSED PETITIONERS Vs. STATE OF ASSAM,

JUDGEMENT

(1.) THIS application is on behalf of the two petitioners, Buduka Kalita and Ambeswar Kalita, and is directed against the order of conviction and sentence passed in G. R. Case No. 787 of 1965 by the Sub -Divisional Magistrate (Judicial) Sibsagar, who convicted appellant Buduka under Sections 448/324 of the Penal Code and sentenced him to rigorous imprisonment for two months and to pay a fine of Rs. 30/ - in default to rigorous imprisonment for 10 days more, and convicted appellant Ambeswar under Sections 448/323 of the Penal Code and sentenced him to undergo rigorous imprisonment for one month and to pay a fine of Rs. 20/ - in default to undergo rigorous imprisonment for 5 days more.

(2.) THE prosecution case is that on 12 -9 -65 at about 3 -15 P.M. the two petitioners along with Boji Kalita and Konmaj Kalita, entered into the dwelling house of Mamtajuddin Ahmed (P.W. 1) and assaulted his children and their private tutor. P.W. 3. P.W. 1 lodged an ejahar at the Amuguri Police Station. On receipt of the First Information Report, the Police registered a case and after investigation, submitted charge sheet under Sections 448/424/324/326 of the Penal Code.

(3.) THE learned Magistrate framed a charge under Sections 448/324 against accused Buduka and Ambeswar and discharged the other two accused persons. The two petitioners pleaded not guilty to the charges. They have admitted that they entered into the house, but they claim it to be theirs. After examining a number of witnesses the learned Magistrate convicted and sentenced the accused persons as stated above. The accused then preferred an appeal before the Sessions Judge, Jorhat, who upheld the order of conviction and sentence passed by the Magistrate.