HIREN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal is preferred under Section 374(2) of the Cr.P.C against a judgment and order dated 25.01.2011 passed by the learned Addl. Sessions Judge, FTC, Biswanath Chariali in Sessions Case No.39/2010 whereby, the appellant had been convicted under Section 457 of the IPC and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 1000/- in default of which 30 days of rigorous imprisonment.

(2.) Before going to the grounds of appeal it would be convenient to narrate the background facts of the case.

(3.) The initiation of the present case was by lodging of a F.I.R. dated 13.03.2009 by one Md. Modini Ali, PW-3 before the Biswanath Chariali, P.S. In the said F.I.R., it was alleged that in the night of 06.03.2009, the accused person (appellant herein) had entered into his house while he was absent and flashed the light of his mobile phone near the face of his wife and at that time the informant had reached home and thereafter, grabbed the appellant. It has been alleged that on raising hue and cry, the people of the neighbourhood came to the place of occurrence and decided to hold "Bichar" on the next date. Unfortunately, on the next dated i.e. 07.03.2009, the wife of the informant committed suicide inside their house. The F.I.R. was accordingly, lodged and registered under Section 457/306 IPC. After investigation, the Police had submitted the Charge-sheet and the matter was committed, leading to registration of G.R. Case No. 113/20009.