SHRI MUN BARUAH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This is a criminal revision petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 26.3.2009, passed by the learned Additional Sessions Judge (FTC), Sivasagar, in Criminal Appeal No. 12(4)/2008, partly affirming the judgment and order, dated 2.9.2008, passed by the learned Chief Judicial Magistrate, Sivasagar, in GR Case No. 1287/2002, convicting and sentencing the accusedrevision petitioner to rigorous imprisonment for 1 year and the pay a fine of Rs. 1,000/- with a default clause under Section 326 of the IPC. The learned appellate court acquitted the revision petitioner for the offence under Section 341 of the IPC under which provision also he was convicted and sentenced.

(2.) Heard Mr. G.C. Phukan, learned counsel for the accused-revision petitioner. I have also heard Mr. B.J. Dutta, learned Additional Public Prosecutor for the state respondent.

(3.) I have perused the judgments of the learned trial court as well as that of the learned appellate court. I have also perused the records of the trial court including the evidence.