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2012 Supreme(Gau) 546

I.A.ANSARI
Azmal Hussain – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. H.R.A. Choudhury, Sr. Advocate and Mr. A.S. Choudhury
For Respondents/Defendant: Mr. D. Das, Addl. Public Prosecutor, Assam

JUDGMENT

I.A. Ansari, J.

1. This revision is directed against the judgment and order, dated 31.08.2004, passed by the learned Sessions Judge, Cachar, Silchar, in Crl. Appeal No. 13(1)/2004, upholding the conviction of the accused-petitioner, under Sections 457 and 324 of the IPC, passed, under the judgment and order, dated 19.02.2004, of the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in G.R. Case No. 1549/1999. However, the learned Appellate Court modified the sentence passed against the accused-petitioner, for his conviction under Section 457 IPC, by directing him to undergo rigorous imprisonment for 6 months and pay fine of Rs.5,000/- and, in default, to undergo rigorous imprisonment for 15 days; whereas, the learned trial Court had sentenced the accused-petitioner, for his conviction under Section 457 IPC, to undergo rigorous imprisonment for 2 years and to pay fine of Rs.1,000/- and, in default, to undergo rigorous imprisonment for 3 months. Similarly, the learned Appellate Court reduced the sentence passed by the learned trial Court, against the accused-appellant, for his conviction under Section 324 IPC, inasmuch as the learned Appellate Court sentenced the


















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