NABADIP ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Legality, propriety and correctness of the judgment and order, dtd. 26/7/2019, passed by the learned Sessions Judge, Goalpara in Crl. Appeal No. 13/2018, and the judgment and order dtd. 31/5/2018, passed in G.R. Case No. 695/2016, by the learned Chief Judicial Magistrate, Goalpara corresponding to Agia P.S. Case No. 37/2016, are challenged in this Criminal Revision Petition, under Sec. 401 read with Sec. 397 of the Cr.P.C.

(2.) It is to be noted here that vide impugned judgment and order dtd. 31/5/2018, the learned Chief Judicial Magistrate has convicted the petitioner, Sri Nabadip Roy, under Sec. 380 IPC and sentence him to suffer S.I. for a period of 2 years and also to pay a fine of Rs.2,000.00 (Rupees two thousand) only, with default stipulation and vide judgment and order dtd. 26/7/2019, the learned Sessions Judge in Crl. Appeal No. 13/2018, has upheld the conviction of the petitioner in the said case. However, the learned Sessions Judge has modified the sentence of 2 years to 1 year, with fine of Rs.2,000.00 with default stipulation.

(3.) The factual background leading to filing of the present petition is briefly stated as under-