JOY KUMAR PODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned counsel. for the revision petitioner and Mr. P.S. Lahkar, learned Addl. P.P., Assam for the State respondent.

(2.) The revision petitioners, Joy Kumar Poddar and Bijoy Poddar were convicted under Sec. 323/341 Penal Code by the learned Chief Judicial Magistrate, Kamrup in G.R. Case No. 238/1998 and sentenced them to pay a fine of Rs. 500.00 each for both the offences with default stipulation. The revision petitioners filed appeal against the conviction and sentence. Learned Sessions Judge, Kamrup in Crl. Appl. No. 27/2004 upheld the conviction and sentence of the revision petitioner and dismissed the appeal.

(3.) The prosecution case, in brief as unfolded during trial was that the informant was tenant in the house of the revision petitioners. On the night of the occurrence, the revision petitioners Joy Kumar Poddar and Bijoy Poddar along with their Chowkidar and some unknown persons forcibly entered into the rented house of the informant, assaulted them and snatched away golden chain from the neck of the wife of the informant. When some neighbouring people came, the accused persons left the place. An FIR was lodged by PW-2, on the basis of which, police registered a case and on completion of investigation, submitted charge sheet against the revision petitioners.