BIMAN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner herein, Biman Bora, along with two others, namely, Mintu Saikia and Anil Bora, faced trial, in GR Case No.189/98, on a charge framed against them under Section 392 IPC. On conclusion of the trial, the learned Chief Judicial Magistrate, Jorhat, having found the said three accused persons, including the present petitioner, guilty of the offence charged with, convicted him accordingly under Section 392 IPC by judgment and order, dated 22.10.2002 and sentenced each of them to suffer rigorous imprisonment for a period of one year with fine of Rs.5,000/ - and, in default thereof, to undergo rigorous imprisonment for a period of two months with further direction that the amount of fine, if realized, shall be paid to the authorities of the Jogibheta Tea Estate.

(2.) AGGRIEVED by their conviction and the sentence passed against them, all the three convicted persons aforementioned preferred an appeal, which gave rise to Criminal Appeal No.61/2002. By judgment and order, dated 16.07.2003, the learned Sessions Judge, FTC, Jorhat, set aside the conviction of the co -appellants, namely, Mintu Saikia and Anil Bora, and both of them were accordingly acquitted of the charge, which had been framed against them under Section 392 IPC, but the appeal, so far as the same concerned the present accusedpetitioner, Biman Bora, was disallowed and his conviction, under Section 392 IPC, was accordingly upheld, but the sentence was reduced to rigorous imprisonment for a period of six months with fine of Rs.4,000/ - and, in default thereof, suffer rigorous imprisonment for a period of three months. Still aggrieved, the accused -petitioner, Biman Bora, has come to this Court with this revision against his conviction and also the sentence passed against him.

(3.) I have heard Mr. H.K. Baishya, learned counsel, for the petitioner, and Mr. D. Das, learned Addl. Public Prosecutor, Assam.