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2012 Supreme(Gau) 497

I.A.ANSARI
Laskar Dutta, S/o. Punaram Dutta, R/o. Vill. Rangdhali Gaon, PS. Dergaon, Golaghat, Assam – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the petitioner:Mr. T.J. Mahanta, Advocate
For the respondents: Mr. Z. Kamar, P.P. Assam

Aggrieved by the judgment and order, dated 06.08.2003, passed, in GR Case No.725/2002, by the learned Judicial Magistrate, First Class, Golaghat, convicting the present petitioner under Section 354 IPC and sentencing him to suffer simple imprisonment for four months and pay fine of Rs.300/- and, in default of payment of fine, undergo simple imprisonment for one month, the petitioner herein preferred an appeal, which gave rise to Criminal Appeal No.33/2003. By judgment and order, dated 27.03.2004, as the learned Session Judge, Golaghat, while sustaining the conviction, reduced the sentence of simple imprisonment to a period of two months in stead of four months, the petitioner, feeling still aggrieved, has come to this Court with the present revision.2. Before I enter into the merit of the present revision, let me set forth, in brief, the prosecution’s case, which runs as under:

The informant (PW1) and his wife (PW3) are close relatives of the accused-petitioner. On 27.07.2002, the accused-petitioner came, in the evening, to the house of PW1 and PW3 and requested PW3 to stay, at the night, at the house of the accused-petitioner on the ground that he (accused) would be away from his h






















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