Md Jamir Hussain vs State Of Assam

Heard Mr. M.H. Choudhury, learned counsel for the petitioner and Ms. S. Jahan, learned Addl. P.P., Assam for the State.

This revision petition is directed against the judgment and order dated 11.02.2010, passed by the learned Additional Sessions Judge, Nagaon, in

Crl.A. No. 15(9)/2008. By the said judgment, the learned Additional Sessions Judge, dismissing the appeal qua the present petitioner, upheld the

judgment and order dated 30.06.2008 passed in GR case No. 872/2003, whereby the petitioner was convicted under Section 323 IPC and sentenced to

imprisonment for three months.

As per prosecution case, on 26.05.2003, as many as 9 persons were illegally harvesting crops from the land of informant Jakir Hussain. The mother

of the informant when raised objection, all the accused persons named in the FIR mounted assault on her and also the sister-in-law of the informant,

who came there hearing alarm raised by the mother of the informant. An FIR was lodged by the PW-1, Jakir Hussain, on the basis of the said FIR,

police registered a case and after usual investigation, submitted charge sheet against the 6 accused persons and eventually all of them stood trial.

In course of trial, charges under Section 379/34 & 323/34 IPC were framed against the accused persons, to which they pleaded not guilty. Nine

witnesses were examined by the prosecution to establish the charge. On appreciation of evidence, learned Judicial Magistrate convicted all the

accused persons under Section 323 R/W 34 IPC and sentenced them to imprisonment for three months.

Aggrieved by the said judgment of conviction and sentence, the accused persons preferred an appeal before the learned Sessions Judge, and the

learned Additional Sessions Judge, by the impugned judgment, except the present petitioner exonerated all other accused persons, allowing the appeal

filed by them. However, the learned Additional Sessions Judge dismissed the appeal of this petitioner and upheld the conviction and sentence awarded

by the learned Trial Court.

Aggrieved by the judgment and order of the learned Additional Sessions Judge, the petitioner preferred the instant revision petition.

Learned counsel for the petitioner, Mr. M.H. Choudhury has not contested the finding of the learned court below on merits, so far the conviction of

the petitioner is concerned. The contention of the learned counsel for the petitioner is that the occurrence took place in the year 2003 because of land

dispute and petitioner had suffered a lot in the meantime, having faced protracted trial for about 15 years and as such urged for showing some

leniency to the petitioner so far the question of sentence is concerned. Learned counsel also urged for considering the possibility of giving the benefit

of Probation of Offenders Act to the petitioner.

I have considered the submissions of the learned counsel for the petitioner and also the evidence and materials brought on record. Apparently, the

occurrence took place for land dispute, over which both the parties were making rival claim of cultivating the land and in fact, there were some

evidence brought on record showing that the crops, which were harvested, was cultivated by the accused persons themselves. The petitioner was a

young boy of 26 years at the relevant time. Thus, having considered the young age of the petitioner and that he has already face a protracted trial of

about 15 years as the occurrence took place in the year 2003, the submission made by Mr. Choudhury, learned counsel for the petitioner appears to be

preponderous, inasmuch as, sending the petitioner to jail for a period of three months or so, after a lapse of more than a decade, in my considered view

is not going to subserve any cause of justice.

Therefore, having considered the facts and circumstances under which the occurrence took place and the nature of injury, I find that cause of justice

would be better served, if the petitioner is allowed to be enlarged on entering into a bond under Section 4 of the Probation of Offenders Act. The

petitioner is accordingly directed to appear before the learned Trial Court within two months and the learned Trial Court shall release the petitioner on

executing a bond under Section 4 of the Probation of Offenders Act with one surety to the satisfaction of the learned Trial Court.

With the above observation and direction, the revision petition is partly allowed.

Send down the LCR.