KARUNA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) LEGALITY and validity of a conviction of the present petitioner, namely, Sri Karuna Roy, under Section 454 IPC by the learned Chief Judicial Magistrate, Bongaigaon, in G.R. Case No. 67(3) of 1995 and sentencing him to suffer simple imprisonment for 1 year with a fine of Rs. 500/ - in default to suffer further simple imprisonment for 2 (two) months which was upheld by the learned Trial Court in Criminal Appeal No. 05 (1) of 2002 vide judgment and order dated 29.09.2003 of the Court of learned Adhoc Additional Sessions Judge, Bongaigaon, has been called in question in this Criminal Revision Petition. The aforesaid G.R. case was initiated on the basis of a charge -sheet submitted by Bongaigaon Police Station in G.R. Case No. 197 of 1994 under Section 454 / 427 IPC against the present petitioner. FIR was lodged by one Uddab Chandra Kalita before the Officer -in -Charge of Bongaigaon Police Station on 10.12.1994 stating that he has a house at Dolaigaon, let out to a tenant which was left under the care of one Dharmeswar Bora inasmuch as he has to remain at Guwahati for his employment and that after his tenant vacated the house on 20.11.1994, accused Karuna Roy forcefully broke the lock of the vacant part of the house on 06.12.1994 and not only took over possession but also threw out some articles of the informant outside the room. The accused in this process took occupation of two rooms. The learned Magistrate framed charge under Section 454 IPC. On perusal of the materials produced before the learned Court under Section 173 Cr.P.C. The accused pleaded not guilty and claimed to be tried whereupon trial was held. Prosecution examined as many as 6 (six) witnesses including the Investigating Officer while defence examined none. The learned Chief Judicial Magistrate, Bongaigaon, found the petitioner guilty of committing offence under Section 454 IPC. By judgment and order dated 10.01.2002, therefore, the petitioner was convicted under the aforesaid section of law and was sentenced to suffer simple imprisonment for 1 (one) year with a fine of Rs. 500/ - in default to undergo further simple imprisonment of two months.

(2.) AGGRIEVED , the petitioner approached the learned Sessions Judge, Bongaigaon, vide Criminal Appeal No. 5(1) of 2002. The appeal was transferred to the Court of learned Adhoc Additional Sessions Judge, Bongaigaon, who vide judgment and order dated 29.09.2003 dismissed the appeal and upheld the conviction and sentences imposed by the learned Chief Judicial Magistrate. As against the said judgment the present Revision Petition has been preferred by the accused petitioner.

(3.) I have gone through the lower courts records including the deposition of witnesses.