MAINA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 26-09-2003, passed, in GR Case No. 41 of 2003, by the learned Sub-Divisional Judicial Magistrate, Majuli, one person, namely, Padma Kanta Sarmah, was convicted under Section 411 IPC, whereas his co-accused, namely, Sri Maina Dutta, (i.e., the appellant herein) was convicted under Section 379 IPC and each one of them was directed to suffer rigorous imprisonment for two months and pay fine of Rs. 500/- and, in default of payment of fine, to undergo simple imprisonment for 15 days. Aggrieved by their conviction and the sentence passed against them, both the convicted persons, namely, Padma Kanta Sarmah and Maina Dutta preferred an appeal, which gave rise to Criminal Appeal No. 60 of 2003.

(2.) BY judgment and order, dated 23-03-2004, learned Sessions Judge, Jorhat, partly allowed the appeal in the sense that while the conviction and, consequently, the sentence passed, as against the accused-appellant, namely, Padma Kanta Sarmah, under Section 411 IPC, were set aside, but the present appellant's, namely, Maina Dutta's, conviction under Section 379 IPC and the sentence passed against him were upheld and the present appellant's appeal stood accordingly dismissed. Aggrieved by the dismissal of his appeal, the appellant is, now, before this Court seeking to get set aside, with the help of this revision, his conviction and the sentence passed against him.

(3.) APART from the fact that State does not raise any objection to the reduction of the sentence, as sought for on behalf of the accused-petitioner, the accused petitioner stands convicted, under Section 379 IPC, for having stolen a tube well's iron pipe.