SUJIT DEY ALIAS SIBIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 13.12.2002, passed, in Session Case No. 66 of 1998, the learned Assistant Session Judge, Karimganj, convicted two persons, namely, Suj it Dey alias Sibit, and Narayan Kapali, under Section 436 read with Section 34 IPC, and sentenced each of them to suffer rigorous imprisonment for a period of 5 (five) years and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 (six) months. Aggrieved by their conviction and the sentence, passed against them, both the convicted persons preferred an appeal in the Court of the learned Session Judge, Karimganj, which gave rise to Criminal Appeal No. 41(4)of 2002.

(2.) By judgment and order, dated 17.05.2004, the learned Session Judge, while maintaining the conviction of the accused petitioners, under Section 436 read with Section 34 IPC, modified the sentence by reducing the same from rigorous imprisonment for a period of 5 (five) years to a period of 2 (two) years, but maintained the fine of Rs. 1,000/- each. As the appeal has not yielded the desired outcome, the appellants have come to this Court with the present revision.

(3.) I have heard Mr. D. Senapati, learned counsel, who has appeared as amicus curiae, and Mr. M. Dey, learned counsel, appearing for the accused-petitioners. I have also heard Mr. K. Munir, learned Additional Public Prosecutor, Assam.