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IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. UNNI KRISHNAN NAIR
Md. Dhan ali s/o md samsuddin ali – Appellant
Versus
State Of Assam – Respondent
ORDER :
UNNI KRISHNAN NAIR, J.
1. Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State.
2. The petitioner by way of instituting the present Criminal Revision Petition, has assailed the judgment and order 03.08.2011, passed by the Court of learned Sessions Judge, Morigaon in Crl.A. 10/2011, dismissing the said appeal and thereby, upholding the judgment dated 05.04.2011 st passed by the learned Court of Judicial Magistrate 1 Class, Morigaon convicting the petitioner, herein under Section 379 IPC and sentencing him to undergo RI for 3 (three) months and to pay a fine of Rs.5,000/- (Rupees five thousand), in default, to undergo SI for 2 (two) months.
3. The prosecution case, in brief is that one Suman Swargiary lodged an FIR with the Officer-in-Charge Morigaon Police Station on 30.07.2007 and therein, had lodged that on 29.07.2007 his bi-cycle was stolen by some unknown person when he was playing football. It was further alleged that on 30.07.2007, at about 10.00 am when he had come out from college, he had seen the petitioner, herein, riding his bi-cycle, towards Morigaon town and he apprehend
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