MUHIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The case for the prosecution, in brief, is that on 2-8-79 one Jalaluddin was grazing three heads of cattle belonging to P.W. 2. The accused/petitioners snatched away the cattie from him and also assaulted P.W.2 as he prevented the accused/petitioners from doing so. The learned trial Court found the three accused/petitioners guilty under sections 379/323 I.P.C. and sentenced them to undergo R/I of 6 and 3 months on each count and also to pay a fine of Rs. 300/- each vide judgment and order dated 28.8.83 passed in G.R. Case No. 729/19. On appeal, the learned Sessions Judge, Karimganj maintained the conviction but reduced the sentence only to fine of Rs. 200/, and Rs 100/- on each count vide judgment and order dated 10-12-85 passed in Criminal Appeal No. 106(2) of 1985. Hence the present petition.

(2.) The learned Public Prosecutor Mr. Barua has urged that this Revisional Court need not reappreciate or re-apprise the evidence on record and as both the learned lower Courts after proper scrutiny of the evidence on record found the accused persons guilty, the conviction and sentence need not be disturbed.

(3.) The power of this Court in exercising the exceptional revisional jurisdiction is well settled-this Court cannot re-appreciate or re-apprise the evidence on record. In exercising the said power this Court has only to examine whether there was any illegality or impropriety in the judgment of the Courts below.