MAKEN BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. K. Baruah, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P., Assam.

(2.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the Judgment and order dated 21.03.2012 passed by the learned Additional Sessions Judge, Kamrup at Guwahati in Sessions Case No.41(K)/2011 under Sections 447/436/427/506 R/W Section 34 I.P.C. whereby the accusedappellants have been convicted and sentenced to undergo S.I. for a term of 1(one) months for the offence under Section 447/34 I.P.C. and also sentenced to undergo rigorous imprisonment for a term of 5(five) years and to pay a fine of Rs.1,000/-, in default, simple imprisonment for a further term of 2(two) months for the offence under Section 436/34 IPC. Further, the accused appellants have been sentenced to undergo S.I. for a term of 3(three) months for the offence under Section 427/34 I.P.C. and also sentenced to undergo S.I. for a term of (3) months for the offence under Section 427/34 I.P.C.

(3.) The brief facts for disposal of the case is that on 18.11.2010 at about 2.30 P.M., the informant, namely Shri Dhiren Boro of Village Bondapara Odulpara under Boko P.S. lodged an F.I.R. before the O/C of Boko P.S. alleging that on 17.11.2010 at about 7.30 P.M., both the accused-appellants, namely Sri Meken Basumatary and Bhadreswar Boro being accompanied with several other miscreants committed trespass into his premises and had burn down the cow shed and heap of paddy by putting fire on it and also pelted stone, etc. towards his house causing damage to their house and, thereafter, fled away.