IMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order, dated 6.8.1996, passed by the learned Additional Sessions Judge, Nagaon, in Criminal Appeal No. 43(N)/1995, dismissing the appeal and upholding the judgment and order, dated 22.8.1995, passed by the learned Additional Chief Judicial Magistrate, Nagaon, in GR Case No. 1655/1991, whereby the accused-petitioner was convicted under Section 25(1)(a) of the Arms Act and sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs. 1000/- and, in default to pay the fine, to suffer imprisonment for a further period of one month. The learned Additional Sessions Judge, Nagaon, while upholding the conviction and sentence aforementioned, modified the Section to one under Section 25(1-B)(a) of the Arms Act.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :

(3.) On conclusion of the trial, the learned trial Court acquitted the accused Moinul Haque under benefit of doubt, but convicted the present petitioner, Iman Ali, under Section 25 (1)(a) of the Arms Act and passed sentence against him, as indicated hereinabove. On appeal, the appellate Court while upholding the conviction and sentence, modified the Section of conviction as to one under Section 25(1-B)(a) of the Arms Act. Being aggrieved, the accused-petitioner has, now, approached this Court with the present revision.