BIKASHJYOTI LAHKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a criminal revision petition filed under Sections 397/401 read with Section 482 of the Cr.PC against the judgment and order, dated 19.02.2005, passed by the learned Adhoc Additional Sessions Judge, Sonitpur, Tezpur in Criminal Appeal Case No. 18(S-3) 2003, affirming the order of conviction recorded by the learned Chief Judicial Magistrate, against the accused petitioner in GR Case No. 1551/2001. The learned Chief Judicial Magistrate convicted and sentenced the accused petitioner to Rigorous Imprisonment for a period of 3 (three) years under Section 454 of the IPC and pay a fine of Rs. 500/- and Rigorous Imprisonment for 3 (three) years and a fine of Rs. 500/- under Section 380 of the IPC, and in default of payment of fine, the accused petitioner shall undergo Simple Imprisonment for 2 (two) months on each count. Both the sentences are to run concurrently. In the appeal aforesaid, the learned Adhoc Additional Sessions Judge, Sonitpur, Tezpur reduced the sentence of the accused petitioner to Rigorous Imprisonment for one year under Section 454 IPC and also to pay a fine of Rs. 500, in default, Rigorous Imprisonment for two months and further sentenced him to Rigorous Imprisonment for one year under Section 380 of the IPC and also to pay a fine of Rs. 500/-, in default, Rigorous Imprisonment for two months.

(2.) None appears for the accused petitioner on repeated calls. Heard Mrs. S Jahan, learned Additional Public Prosecutor, appearing for the State of Assam/respondent.

(3.) I have gone through the appeal memo as well as the records of the learned Trial Court and the Lower Appellate Court, including the evidence.