SAILENDRA KUMAR GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. N. Upadhaya, learned counsel for the appellant and also heard Mr. S. Khound, learned counsel for respondent No. 2, and Mr. P. Borthakur, learned Addl. PP for State respondent No. 1.

(2.) This appeal under Sec. 378 of the Code of Criminal Procedure, is directed against the judgment and order dtd. 4/4/2015, passed in Crl.App./11(2)/14, by the learned Addl. Sessions Judge, Dibrugarh. It is to be noted here that vide impugned judgment and order, the learned Court below has acquitted the respondent by setting aside the judgment and order of conviction, dtd. 7/5/2014, passed by the learned Judicial Magistrate, First Class, Dibrugarh, in C.R. Case No.34C/2009, convicting the respondent under Sec. 500 IPC and sentencing him to pay a fine of Rs.2,000.00 (Rupees Two Thousand), and on default, to undergo SI for three months.

(3.) The factual background leading to filing of this appeal is adumbrated herein below:-