DIMBESWAR BOBO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, Sri Dimbeswar Boro impugning the judgment and order dtd. 5/1/2011, passed by learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 133(K) of 2009, whereby, the appellant was convicted under Sec. 489B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000.00and in default of payment of fine to undergo further rigorous imprisonment for two months.

(3.) The facts relevant for consideration of the instant appeal, in brief, are as follows:-