ANANTA SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 10-01-2003, passed, in GR Case No. 138 of 1999, by the learned Additional Chief Judicial Magistrate, Dhemaji, the accused-petitioner, namely, Shri Ananta Sonowal, stood convicted under Section 386 IPC and was sentenced to suffer rigorous imprisonment for two years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for three months. Aggrieved by his conviction and the sentence passed against him, the convicted person preferred an appeal, which gave rise to Criminal Appeal No. 6(1) of 2003. By judgment and order, dated 29- 01-2004, the learned Sessions Judge, Dhemaji, allowed the appeal, in part, inasmuch as the accused-petitioner's conviction, under Section 386 IPC, was not upheld, but he was held to be guilty of an offence punishable under Section 384 IPC and was convicted accordingly under Section 384 IPC and the sentence, which had been passed by the learned trial Court against the accused-petitioner under Section 386 IPC, was retained in the sense that the accused-petitioner was sentenced, for his conviction under Section 384 IPC, to suffer rigorous imprisonment for two years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for three months.

(2.) Aggrieved by the decision of the learned appellate Court, the accused-petitioner has put to challenge the same by way of this revision.

(3.) As none had appeared, on behalf of the accused-petitioner, Mr. Z Alam, learned counsel, was appointed as Amicus Curiae and he has been accordingly heard. Also heard Mr. KA Mazumdar, learned Additional Public Prosecutor, Assam.