JUDGMENT :

Ajit Borthakur, J.

Heard, Ms. T. Chetri, learned counsel, appearing for the petitioner and Ms. SH Bora, learned Addl. Public Prosecutor, Assam.

2. This is a petition under Section 397 read with Section 401 of the Cr.P.C. directed against the judgment and order, dated 12.08.2011, passed by the learned Additional Sessions Judge, Nagaon, Assam in Crl. Appeal No. 13 (N)/2009, whereby modified the sentence passed against the accused petitioner from one year rigorous imprisonment to 6 months rigorous imprisonment and upheld the fine of Rs. 5000/- in default simple imprisonment for 6 months, passed by learned Sub-Divisional Judicial Magistrate (M), Kaliabor in G.R. Case No. 483/2006 under Section 380 of the IPC.

3. The prosecution case as unfolded in the FIR, dated 04.11.2006, lodged by one Smti Maya Rani Basu (Sarker), wife of Sri Sunil Kumar Basu, a resident of Missa, before the In-charge, Missa O.P. alleging that on 03.11.2006 at around 1 a.m., some unknown miscreants entered into their dwelling house and breaking the lock of the almirah, committed theft of R. 10,000/- one mobile phone handset and one gold ring.

4. Based on the above FIR, Kaliabor P.S. Case No. 63/06, dated 05.1