DAMODAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Having been convicted under Section 292, IPC, by the Judicial Magistrate. First Class, Jorhat in G. R. Case No. 486/2000 and sentencing him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs. 1,000.00, in default to undergo S I for another 2 months and being unsuccessful in Criminal Appeal No. 35/01, wherein the learned Sessions Judge, Jorhat, vide judgment and order dated 11-12-2001 affirmed the judgment and order of conviction passed by the learned trial Court, the revisional jurisdiction of this Court is sought to be invoked by the accused-petitioner by filing this Criminal Revision.

(2.) I have heard Mr. A. Thakur, learned counsel for the accused-petitioner and Mr. K. Munir, learned Public Prosecutor, Assam.

(3.) The prosecution story leading to the conviction of the accused-petitioner, inter alia, is that PW-3, Sri Manik Goswami, Sub-Inspector of Jorhat Sadar P. S. while was on patrolling duty on 28-6-2000, entered into the shop of the accused-petitioner under the name and style of "Santosh Book Stall" at Garali, Jorhat, wherein he found that the owner of the shop, the accused-petitioner, kept for the purpose of sale a lot of obscene books written in Assamese, Bengali, Hindi and English, kept in exposed state and seized the obscene books having found prima facie committed an offence under Section 292, IPC by him. The police filed charge sheet against accused-petitioner after the investigation under Section 292, IPC and the accused-petitioner was sent for trial.