HALADHAR NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Revision has been filed challenging the legality and propriety of the order passed on 15. 06. 1996 by the learned Addl. Sessions Judge, Jorhat in Criminal Appeal No. 39 of 1995 allowing partly the appeal which had been filed against the judgment dated 08. 09. 95 of the learned Addl. C. J. M. , Jorhat. The impugned judgment upheld the convictions and sentences made against the present revisionists by the learned C. J. M. , Jorhat for the commission of offences under Section 448/ 325/34, IPC. Further, the impugned judgment upheld the conviction of the present revisionist, Ruhit Nayak, for the commission of offence under Section 323, IPC and sentenced him to pay a fine of Rs. 200, in default, to undergo imprisonment for a period of one month. But, convictions and sentences against the remaining revisionists in respect of the said offence under Section 323 read with Section 34, IPC, were set aside.

(2.) THE revisionists are present by their counsel, Mr. P. C. Gayan, Advocate. None appears on the side of the respondents. I have heard the learned counsel for the revisionists at length.

(3.) THE only ground submitted by the counsel of the revisionists as against the impugned order is to the effect that since the revisionists are first offenders, they ought to have been dealt with under the provisions of Section 360, Cr. P. C. and Sections 3 and 4 of the Probation of Offenders Act, 1958 and for the reasons of overlooking the above said legal position, the impugned judgment is not sustainable in the eye of law.