SIBO PRASAD CHOUDHURY Vs. BICKY KHAN

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned Senior Counsel assisted by Ms. P. Neog, learned counsel for the petitioners. Also heard Mr. A. K. Dutta, learned counsel appearing for the respondent nos. 1 and 2 and Mr. K. K. Parasar, learned Addl. P.P. for the State.

(2.) This is an application filed under Ss. 397 and 401 read with Sec. 482 of the Criminal Procedure Code, 1973, assailing the Judgment and Order dtd. 19/2/2015, passed by the learned Sessions Judge, Tinsukia, in Criminal Appeal No. 62(4)/2013, setting aside the Judgment and Order dtd. 27/8/2013, passed by the learned SDJM, Margherita in G.R. Case No. 206/07 and upholding the Judgment dtd. 30/4/2011, passed by the learned SDJM, Margherita in GR Case No. 206/07 with certain modification and thereby, sentencing them to pay a fine of Rs.1,000.00 (Rupees One Thousand) each, under Sec. 166/34 IPC in default of payment of fine, Simple Imprisonment for 3(three) months, under Sec. 166/34 IPC and sentencing them to undergo Rigorous imprisonment for 3(three) years and to pay a fine of Rs.1,000.00 (Rupees One Thousand) each, in default of payment of fine, further Rigorous Imprisonment for 1(one) month, under Sec. 325/34 IPC.

(3.) The factual matrix leading to the arising of the instant revision petition is summarized herein below: -