ANIL CHANDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners were prosecuted on complaint dated 7 -8 -1978 for assault on the complainant, the present opposite party No.1 on 4 -8 -78 and for theft of money from the person of the complainant. The petitioners had denied the allegations. The learned Trial Court, after consideration of the evidence produced by the complainant, by judgment dated 9 -1 -1980, held that the accused petitioners had committed the offences, and accordingly the petitioners were sentenced to pay fine of Rs. 200/ - each under Section 323 of the Indian Penal Code and to one month's S.I. under Section 379 of the Indian Penal Code.

(2.) IN appeal, the learned Sessions Judge by judgment dated 4 -12 -1982 upheld the conviction and sentence of the petitioners under Section 323 of Indian Penal Code, but on benefit of doubt acquitted the petitioners under Section 379 of the Indian Penal Code.

(3.) ON the other hand, Sri S.R. Bhattacharjee, learned Counsel for the complainant, and Shri B.P. Kataki, learned Public Prosecutor have refuted the submissions and supported the judgment of the courts below.