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2008 Supreme(Gau) 603

H.N.SARMA
Suton Dutta Gupta – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M.K. Choudhury and R.C. Sanchethi, Advs.
For Respondents/Defendant: K. Munir, Adv.

JUDGMENT

H.N. Sarma, J.

1. This Criminal Revision Petition is directed against the Judgment and Order dated 11.7.2008 dismissing the Crl. Appeal 35(N)/2006 thereby confirming the conviction of the Petitioner under Sections 451/ 323/ 427 of the IPC by the learned Judicial Magistrate, First Class, Sankardev Nagar, Hojai in GR case No. 3/2003 reducing the sentence of imprisonment under Section 451, IPC from six months to one month and to pay a fine of Rs. 1,000/- each under Sections 323/ 427, IPC, in default to undergo simple imprisonment for one month.

2. Heard Mr. M.K. Choudhury, the learned Senior Counsel for the Petitioner and Mr. K. Munir, the learned P.P. for the State.

3. The prosecution case, inter alia, is that, on 1.1.03 the informant, PW1, Sri Nageswar Kutum lodged an FIR before the O.C., Lumding Police Station, stating inter alia, that on the previous night at about 9 P.M., the accused Petitioner alongwith two other persons forcibly entered into his quarter demanded Rs. 50,000/- from him and on his refusal to pay the amount the informant assaulted him, caused injuries and ransacked his house damaging certain household goods. The accused further intimidated the informant of dir





























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