AMITABH GOSWAMI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, learned counsel appearing for the petitioner. Also head Mr. K. Munir, learned Additional Public Prosecutor, Assam, appearing for the State/opposite party No. 1 and Ms. G. Kataki, learned counsel appearing for the private respondent No. 2. The petitioner has filed this application under Section 482/397/401 Cr.P.C. for setting aside the order dated 09.05.2014 passed by learned Sessions Judge Golaghat in Criminal Appeal No. 25 of 2013 and also to set aside the judgment of conviction & sentence dated 10.07.2013 passed by learned Chief Judicial Magistrate, Golaghat in C.R. Case No. 317 of 2008 under Sections 406/468/471 of the IPC, as the petitioner and the opposite party No. 2 being husband & wife respectively, compromised/settled their dispute between them outside the Court.

(2.) A brief fact of the case is that the opposite party No. 2, wife of the petitioner as a complainant filed a complaint against the accused/petitioner herein before the learned Chief Judicial Magistrate, Golaghat being C.R. Case No. 317/2008. The learned Magistrate, Golaghat after taking cognizance of the case, issued process to the accused/petitioner and he stood the trial. The learned magistrate framed charges under Sections 406/468/471 IPC against the accused/petitioner and when charges were read over & explained to him, the accused/petitioner pleaded not guilty. Even in his Section 313 Cr.P.C. statement he denied the allegations those were bought against him and also declined to adduce evidence. After recording evidence and on hearing the arguments of both the sides, the learned Chief Judicial Magistrate, Golaghat by his judgment and order dated 10.07.2013 passed in said C.R. Case No. 317/2008 convicted the accused/petitioner under Sections 406/468/471 of the IPC and sentenced him to pay a fine of Rs. 20,000/- only under Section 406 IPC, in default, to undergo simple imprisonment; for committing offence under Section 468 IPC, the accused/petitioner was sentenced to undergo simple imprisonment for two months and to pay a fine of Rs. 20,000/-, in default, one month simple imprisonment and for the offence under Section 471 IPC, he was sentenced to undergo simple imprison for two months and to pay a fine of Rs. 20,000/-, in default, one month simple imprisonment.

(3.) Being aggrieved with the aforesaid judgment & order of conviction and sentence of the learned Trial Court, the accused petitioner preferred an appeal before the learned Sessions Judge, Golaghat being Criminal Appeal No. 25 of 2013.