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2024 Supreme(Gau) 1755

ARUN DEV CHOUDHURY
Mona Barman S/O Lt. Sutku Barman – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.M BISWAS, MR.G J SAIKIA
For the Respondent: PP, ASSAM,

JUDGMENT :

1. Heard Mr. M. Biswas, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor (APP), Assam for the State.

2. The present revision petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 is filed challenging the legality, propriety and correctness of the judgment dated 10.05.2011 passed by the learned Sessions Judge, Dhubri in Criminal Appeal being C.A.No. 10(1)/2010, whereby the learned Sessions Judge, Dhubri though upheld the judgment and order dated 26.02.2010 passed by the learned Sub-Divisional Judicial Magistrate (M), Bilasipara in G.R. (BBR.) Case No. 155/2002 by reducing the sentence imposed upon the petitioner No. 3, i.e., Jiten Barman from the Rigorous Imprisonment (RI) of 2 (two) years to imprisonment of 3 (three) months.

3. The facts of the case is that one Panchami Barman lodged an Ejahar at Bogoribari Police Station on 01.11.2002 alleging that on the said date at about 02:30 pm, the petitioners together entered into the land of the informant and while the informant, her husband and younger sister obstructed them, the petitioners assaulted over the chest and back side of the informant and

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