Suru Ali and Another vs State of Assam

A.H. Saikia, J.—This criminal revision petition has been directed against the impugned judgment and order dated 18.5.1995 passed by the learned Add. Sessions Judge, Jorhat in Crl. Appeal No. 36/94 by which the appeal preferred by the appellants/petitioners against their conviction u/s 324 IPC and subsequent sentence to undergo R.I. for six months each imposed by the learned C.J.M., Jorhat by his order dated 30.8.1994 passed in GR Case No. 1215/ 92, was dismissed confirming the abovementioned conviction and sentence.

Heard Mr. T.J. Mahanta, learned counsel for the petitioners and also heard Mr. F.H. Laskar, learned P P Assam.

On meticulous scrutiny of the impugned judgment as well as the materials available on record, this Court is of the view that no illegality or infirmity has been committed by the learned Addl. Sessions Judge in passing the impugned judgment.

At this stagem Mr. Mahanta, learned counsel for the appellants has submitted that the occurrence took place in the year 1992, i.e., on 2.10.1992 and the petitioner has no previous criminal record and as such, considering such long lapse of times after commission of offence and they being first offenders, no purpose would be served if the petitioners are now sent to jail and instead, sentence may be commuted to payment of fine. I find enough force in the submission of Mr. Mahanta, learned counsel for the petitioners.

Consequently, this Court is inclined to commute the sentence of imprisonment of the petitioners to the payment of fine and accordingly, the petitioners are directed to pay a fine of Rs. 1000 each which shall be paid to the injured Sahabuddin within a period, of three months from the date of receipt of this order.

This criminal revision petition stands disposed of with the modification of sentence as indicated above.