LAWS(GAU)-2016-8-6

JIBAN GOGOI Vs. STATE OF ASSAM

Decided On August 04, 2016
JIBAN GOGOI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) UNDER assailment in this revision is the judgment and order dated 30.8.2006 passed by the learned Additional Sessions Judge No. 2 (FTC), Tinsukia in Criminal Appeal No. 60(4)/2005 affirming the order dated 30.01.2006 passed by the learned Chief Judicial Magistrate, Tinsukia in GR Case No. 157/1998 convicting the accused petitioner u/s 411 of the Indian Penal Code and sentencing him to rigorous imprisonment for 2 (two) years and to pay fine of Rs. 3,000/-, in default, to simple imprisonment for 6 (six) months.

(2.) HEARD Mr. G.P. Bhowmik, learned counsel appearing for the accused petitioner and Mr. B.J. Dutta, learned Additional Public Prosecutor, Assam.

(3.) MR . Bhowmik, learned counsel appearing on behalf of the revision petitioner submits that the learned courts below committed grave illegality by convicting the accused petitioner u/s 411 IPC solely on the testimony of P.W. 10, Sri Krishna Sahu one of the Investigating Officer of the case, without substantial corroboration from any other witness.