URMILA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment it is proposed to hear and dispose of Criminal Revision Petition No. 532/2022 and Criminal Revision petition No. 610/2022, as legality, propriety and correctness of the same judgment and order, dtd. 26/9/2022, passed by the learned Sessions Judge, Darrang, Mangaldai, in Criminal Appeal No.07/2021, is being questioned in both the petitions and as the parties involved in both the petitions are also identical and as identical questions of law are involved in both the petitions.

(2.) In Criminal Revision Petition No. 532/2022, under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, the petitioner, namely, Smti. Urmila Das, has challenged the correctness or otherwise of the judgment and order dtd. 26/9/2022, passed by the learned Sessions Judge, Darrang, Mangaldoi, in Criminal Appeal No.07/2021, preferred under Sec. 11/11(2) of the Probation of the Offenders Act. It is to be mentioned here that vide impugned judgment and order dtd. 26/9/2022, learned Sessions Judge, Darrang had interfered with judgment and order dtd. 4/3/2021, passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai in C.R. No. 511/2014, lodged under Sec. 406/34 IPC and directed to pay further fine of Rs.8000.00 each under Sec. 406 IPC. It is also to be noted here that vide judgment and order dtd. 4/3/2021, passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai, had convicted the respondents under Sec. 406/34 IPC and released them on probation as per Sec. 4 of the Probation of Offenders Act and also directed them to pay a sum of Rs.5000.00, each, to the victim as compensation and binding them with personal bond for two years with one surety each to keep peace and be of good behavior else come before the court to undergo sentence, under Sec. 5 of the said Act.

(3.) The factual background, leading to filing of both the petition are same and the same adumbrated herein below: -