JUDGMENT :

1. Heard Mr. A.K. Purkayastha, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. P.P. for the respondent.

2. This appeal is directed against the judgment and order of conviction and sentence dated 30.11.2010 passed by the learned Sessions Judge, Karimganj, in Sessions Case No. 80/2009, convicting the appellant under Section 354/34 IPC and sentencing him to undergo rigorous imprisonment for two years and under Section 457/34 IPC and sentencing him to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/-with default stipulation.

3. The genesis of the case was that on the midnight of 11.09.2007, two persons, Md. Nurul Haque and a child in conflict with law (CICL for short) knocked the informant’s door and called out her husband’s name. When the informant heard them, she could recognise them and sensing trouble, she answered that her husband was not at home and she also questioned about their intention for visiting her late at night as the visitors were well aware that her husband was not at home. Both the accused named in the FIR then broke into her house by smashing the window panes on the northern side of the informant’s hou