DILIP BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality and propriety of the judgment and order, dated 27.11.2009, passed by the learned Sessions Judge, Dhemaji in Criminal Appeal No. 15(3)/2009 upholding the order recorded in the judgment and order, dated 03.08.2009, passed by the learned Judicial Magistrate, First Class, Dhemaji in GR (Gmk) Case No. 537/2008 and modifying the substantive sentence of rigorous imprisonment for 6 (six) months to simple imprisonment for 2 (two) months and enhancing the fine of Rs. 500/- to Rs. 1,000/- and in default simple imprisonment for 1 (one) month.

(2.) I have heard Mr. NM Hazarika, learned counsel for the petitioner as well as Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State respondent.

(3.) The fact of the case is that on 28.05.2008, in the midnight, the accused entered the house of the informant, while her husband was absent and she was sleeping with her minor children and searched her husband in the house putting threats to the informant.