HEM SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the judgment and order, dated 21- 07-2004, passed by learned Sessions Judge, Golaghat, in Criminal Appeal No. 38 of 2003, dismissing the appeal and affirming the judgment and order, dated 12-06-2003, passed by the learned Judicial Magistrate, First Class, Sarupathar, in GR Case No. 153 of 2002, whereby the accused- petitioners stand convicted, under Sections 498A read with Section 34 IPC and, in consequence thereof, while the accused-petitioner No. 1, namely, Sri Hem Saikia, has been sentenced to suffer rigorous imprisonment for a period of two months and pay a fine of Rs. 1,000/- and, in default, suffer simple imprisonment for two months, the accused-petitioner No. 2, namely, Smti Keteki Saikia, has been sentenced to undergo simple imprisonment for one day till rising of the Court and pay a fine of Rs. 500/- and, in default, suffer simple imprisonment for a period of one month.

(2.) I have heard Mr. P Kataki, learned counsel for the accused- petitioners, and Mr. KA Mazumdar, learned Additional Public Prosecutor, Assam.

(3.) SITUATED thus, when the record is examined, it is found that the accused-petitioner No. 1, namely, Hem Saikia, was arrested, on 29-08- 2002, in connection with the present case and though he was ordered to be released on bail on 25-09-2002, he was actually released, on bail, on 27-09-2002. It is, thus, clear that the accused-petitioner No. 1, namely, Hem Saikia, has suffered imprisonment for a period of almost one month.