DHARMA SALKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application filed by accused/convict Dharma Saikia under section 482, Cr. P.C., for review of the order, passed by this Court on 8.9.2004, in Criminal Revision No. 31/99, whereby the conviction and sentence of the accused-appellant was upheld.

(2.) The facts leading to the present petition may be noted.

(3.) In Sessions Case No. 56(N.L)/94, the petitioner-accused Dharma Saikia was tried by the Assistant Sessions Judge, Lakhimpur, for commission of offence under section 376, I.P.C. and thereafter, vide judgment dated 14.8.1997, the Trial Court held the accused guilty under section 376, I.P.C. and sentenced him to imprisonment for six months and pay a fine of Rs. 1,000/- only and, in default, to suffer further imprisonment for one month. Feeling aggrieved, the petitioner preferred Criminal Revision No. 16 (3)/97 before the Sessions Judge, Lakhimpur. Vide judgment dated 29.11.1997, the Appellate Court allowed the appeal and remanded the matter back for fresh examination of the accused under section 313, Cr.P.C. Thereafter, the trial was concluded and vide judgment dated 7.9.1998, the Trial Court convicted the accused-appellant under section 376, I.P.C. and sentenced him to imprisonment for three years and to pay a fine of Rs. 5,000/- and, in default, to suffer further imprisonment for one month. The said order of conviction was challenged in Criminal Appeal No. 73/98, before the Sessions Judge, Lakhimpur, and vide impugned judgment, the learned Appellate Court dismissed the appeal and affirmed the order of conviction and sentence. Thereafter, the petitioner preferred Criminal Revision No. 31/1999 and the said revision was heard by this Court and, vide judgment dated 8.9.2004, this Court dismissed the revision holding inter alia there is no illegality or infirmity in the judgment and the evidence on record fully establish the guilt of accused and the conviction and sentence under section 376, I.P.C. needs no interference.