DANDI NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order of the learned Session, Judge, Kamrup, Guwahati dated 8.1.85 passed in C.A. 20 (K-4) of 1993 arising out of G.R. Case No. 3912/81. By the aforesaid judgment and order the learned Sessions Judge upheld the conviction and sentence imposed on the accused/petitioner and hence the present petition.

(2.) The occurrence took place on 12.9.81 and it was alleged that the informant Amit Chandra Nath was wrongfully restrained by the two accused persons, namely, Dandi Nath and Tarun Nath and they tried to commit murder. From the materials on record, I find that there was a previous enmity between the parties Though the police submitted charge-sheet under section 301 IPC, the learned Sessions Judge remitted the case back to the learned trial Court with a direction to frame charge under sections 352/34 I.P.C. After considering the evidence of 5 witnesses for the prosecution and the statements of the two accused persons, the learned trial Court found both the accused persons guilty under the aforesaid Sections, convicted them accordingly and sentenced each of them to pay a fine of Rs. 100/- (Rupees one hundred) only each. Being aggrieved and abortive appeal was filed. The present petition has been filed only by the accused Dandi Nath.

(3.) Mr. J.M. Choudhury learned counsel for the petitioner has urged only one point, viz, this Court may consider invoking of the provisions of Probation of Offenders Act. 1958 for short the Act, in view of the fact that the present petitioner is a school-teacher and if the conviction is maintained it may affect his service career. Mr. Chakravarty learned Public Prosecutor urged two points, viz., that the petitioner is of more than 21 years and that facts of this case do not call for invoking of the provisions of the Act.