TAPAN DEB Vs. SANDHYA CHAUDHURY

JUDGEMENT

(1.) Heard Ms. S. Mushahary, learned counsel appearing for the petitioner. Also heard Mr. P.P. Dutta, learned counsel appearing for the respondent No. 1 and Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State respondent.

(2.) The present criminal revision petition is filed under Sec. 397 and 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C"), challenging the judgment and order dtd. 10/11/2014 passed by the learned Court of Addl. Sessions Judge (FTC), Dibrugarh (hereinafter referred to as the "appellate court"), in Criminal Appeal No. 7 (1) of 2014, affirming the conviction of the accused/petitioner passed by the learned Court of Chief Judicial Magistrate, Dibrugarh (hereinafter referred to as the "trial court"), in G.R. Case No. 1220/09, under Sec. 448/325 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"), whereby the accused/petitioner was sentenced to undergo simple imprisonment for 1 (one) month for commission of offence u/s 448 of the IPC and simple imprisonment for 6 (six) months and a fine of Rs.500.00, in default simple imprisonment for 10 (ten) days for commission of offence under Sec. 325 of the IPC. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that on 3/7/2009 at about 9.00 pm the accused/petitioner pelted stones on her house and thereafter came to her house and asked her to open the door, and when she opened the door, the accused/petitioner beat her on her face, thereby causing injuries to her.