NILESWARI DAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned senior counsel, assisted by Ms. J. Phukan, learned counsel, appearing for the appellant and Mr. K. Munir, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Also heard Mr. D.K. Saikia, learned counsel, appearing for the private respondents. This appeal, against the order of acquittal dated 18.08.2009, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Morigaon, passed in G.R. Case No. 697/2007 has been filed under Section 372 of the Cr.P.C. by the victim.

(2.) The victim has challenged the impugned judgment and order of acquittal, passed by the leaned SDJM, (Sadar), Morigaon in G.R. Case No. 697/2007 under Section 147/148/149/447/448/427 IPC.

(3.) The learned Addl. Public Prosecutor, appearing for the State respondent, referring to the proviso to the Section 372 Cr.P.C. has submitted that the order of acquittal being passed by the leaned SDJM (Sadar), Morigaon and the maximum punishment provided for the said offences, under the Indian penal code, being less than 7 (seven) years, the appeal will lie before the learned Sessions Judge, Morigaon instead of the High Court.