DILIP SANYASHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 23.7.93 passed by the Sessions Judge, Tinsukia in Sessions Case No. 58(T)/93 and committed by the Judicial Magistrate, 1st Class, Tinsukia in G.R. Case No. 1 128/91 dated 14.5.93. The trial court has recorded conviction under Sec. 229 Cr. P.C. on the basis that the accused-appellant pleaded guilty to the charge.

(2.) Aggrieved by his conviction and sentence as recorded by the trial court, the accused-appellant has preferred this appeal from jail. Since he was unrepresented and unassisted by any counsel. Mr. A. Roy was appointed Amicus Curiae. When this appeal was taken up for hearing, he was not available, we, therefore, requested Miss Anurupa Dey, present in the court. She accorded to our request with a slight reservation, she was granted time for preparation of the case as desired by her.

(3.) Heard learned Amicus Curiae, as also the learned Public Prosecutor appearing for the respondent-State. We have been taken through a record by the learned Amicus Curiae, who raised the following point: