I.A.ANSARI
Dipak Das – Appellant
Versus
State of Assam – Respondent
I.A. Ansari, J.
1. This revision is directed against the judgment and order dated 22.11.95, passed by the learned Sessions Judge, Cachar, Silchar in Criminal Appeal No. 3(3) of 1995, whereby the learned Appellate Court, while upholding the conviction of the accused Petitioners under Section 435 IPC, modified the sentence by reducing the period of rigorous imprisonment for 6 months to 4 months with a fine of Rs. 300/- each and, in default, to suffer rigorous imprisonment for a further period of one month each.
2. The case against the accused Petitioners may be briefly stated as follows:
On 6.9.90 at about 9 AM while the informant, Gogen Roy, and his son, Subal Roy, were present at their paddy field and the wife of informant and his daughter-in-law were present at the house of informant, the accused Abhinash Dutta, accompanied by accused Dipak Das and some other persons numbering as much as 22/23, forcibly entered into the homestead of the informant and set fire to the cow-shed of the informant and while the informant's wife, Smt. Aragya Roy and daughter-in-law, Smt. Shibani Roy, raised protests against the alleged act of burning of their cowshed, the accused persons assaulted S
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