MONTU RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 4. 7. 2001, passed, in GR Case No. 11/1996, the learned Chief Judicial Magistrate, Sonitpur, convicted the accused-petitioner under Section 387 IPC and sentenced him to undergo rigorous imprisonment for 2 (two) years and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment for a further period of 1 (one) month.

(2.) AGGRIEVED by his conviction and the sentence passed against him, the accused-petitioner preferred an appeal, which came to be registered as Criminal Appeal No. 49 (S-3)/2001. By judgment and order, dated 22. 05. 2002, the learned Sessions Judge, Sonitpur, while upholding the conviction of the accused-petitioner and dismissing his appeal, reduced the sentence to 1 (one) year and fine of Rs 5,000/- and, in default of payment of fine, suffer imprisonment for a further period of 1 (one) month. Still feeling aggrieved, the accused-petitioner has come to this Court with the help of the present revision.

(3.) I have heard Mr. J. M. Choudhury, learned Senior counsel, for the accused-petitioner, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam, appearing on behalf of the respondents.