SUTON DUTTA GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Criminal Revision Petition is directed against the Judgment and Order dated 11. 7. 2008 dismissing the Crl. Appeal 35 (N)/2006 thereby confirming the conviction of the petitioner under Sections 451/323/427 of the IPC by the learned Judicial Magistrate, First Class, Sankardev Nagar, Hojai in G. R case No. 3/2003 reducing the sentence of imprisonment under Section 451, IPC from six months to one month and to pay a fine of Rs. 1,000/-each under Sections 323/427, IPC, in default to undergo simple imprisonment for one month.

(2.) HEARD Mr. M. K. Choudhury, the learned Senior Counsel for the petitioner and Mr. K. Munir, the learned P. P. for the State.

(3.) DURING the course of investigation certain materials were seized vide Ext- 2 and statements of witnesses were recorded and having found prima facie commission of offence under Sections 456/323/427, IPC, charge-sheet was submitted against the petitioner and he was sent for trial. On the basis of the materials submitted under Section 173 Cr. P. C. charges were framed against the accused-petitioner under Sections 456/323/427, IPC, which, on being explained, he denied and claimed to be tried.