ABDUL MUMIN BARBHUIYA Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-10-17
HIGH COURT OF GAUHATI
Decided on October 01,2018

Abdul Mumin Barbhuiya Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is a criminal revision petition, filed under Section 397/401 CrPC, challenging the legality, propriety and correctness of the order, dated 09.12.2016, passed by the learned Sessions Judge, Hailakandi in Criminal Petition No.04/2016, upholding the order of conviction of the accused-petitioner recorded by the learned Additional Chief Judicial Magistrate, Hailakandi, vide judgment and order, dated 31.12.2015 under Section 448 IPC, but, modifying the sentence imposed upon the accused-petitioner to one under Section 447 IPC and to pay a fine of Rs.500/- with a default clause. Although the revision petition has been posted for admission today, yet record shows that it was admitted on 25.01.2017, and therefore, it ought to have been listed for hearing. However, LCR has already been received and both the parties are represented by the learned counsel, who expressed their willingness to take part in hearing.
(2.) In view of above, I have heard Mr. MJ Quadir, learned counsel for the petitioner and Mr. NS Laskar, learned counsel for the private respondent as well as the State respondent, who is represented by Mr. PS Lahkar, learned Addl. P.P.
(3.) I have perused the impugned judgments of the trial court as well as the appellate court. Also perused the evidence of the witnesses recorded by the learned trial court.;


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