KAMADA DAS AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Miss B. Sarma, learned counsel for the convict/petitioners and also Heard Mr. K. Munir, learned Addl. P.P, representing the State-O.P.

(2.) This petition is directed against the judgment and order dated 30.1.04 rendered by the learned Sessions Judge, Cachar, Silchar in Criminal Appeal No.1(4)/03 upholding the judgment and conviction dated 21.10.03 passed by learned C.J.M. Cachar, Silchar in GR Case No. 2987/99 sentencing all the accused to pay fine of Rs. 100 for the commission of offence punishable U/S 143 Penal Code and Rs. 200.00 each in commission of offence punishable U/S 427 Penal Code and in default of payment of fine S.I. for 15 days each of the accused.

(3.) Briefly stated the prosecution case is that on 29.9.99 at about 5.30 A.M. all the convict/petitioners along with others formed an unlawful assembly entered into the plot of land covered by Patta No. 6 and Dag No. 21 which was in the possession of the informant Smt. Dipali Rani Das and destroyed the standing paddy planted thereon by her son Shri Pradip Kr. Das on the previous day. An FIR was lodged by her and on the basis of the same, Katigora P.S. Case No. 278/99 was registered U/S 143/447/427427/323/354 Penal Code. On completion of investigation, the police submitted charge-sheet against all the convict/petitioners U/S 143/447/427/352 Penal Code. The learned CJM framed charge against all the convict/petitioners under the aforesaid sections.The accused persons pleaded not guilty and demanded trial.The prosecution examined 6 witnesses including the informant herself but the accused persons adduced no evidence in their defence.They took stand of complete denial only. The learned trial court, on the basis of evidence on record convicted and sentenced the convict/petitioners and the learned appellate court also dismissed the appeal filed by them against the said conviction and sentence. Hence, this revision petition.