Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 27 October, 2025
Page No.# 1/5
GAHC010014082013
2025:GAU-AS:14403
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./489/2013
RAMEN KUMAR NATH
S/O LT. KERPAI NATH R/O MORIGAON TOWN NO.1, LOTHABORI,
P.S.MORIGAON MOUZA- DONDUWA, DIST. MORIGAON, ASSAM.
VERSUS
THE STATE OF ASSAM
Advocate for the Petitioner : MR G ALAM, MR.A J SARMA,MR.P D NAIR,MS.S GOGOI,MR.H
ROHMAN
Advocate for the Respondent : , ,PP, ASSAM,,
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BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 27.10.2025
Heard Mr. G. Alam, learned counsel for the petitioner. Also heard
Ms. N. Das, learned Additional Public Prosecutor for the State.
2. The present revision petition has been instituted assailing the
Judgment dated 15.11.2013, passed by the learned Sessions Judge,
Morigaon, in Criminal Appeal No.26/13, dismissing the same and thereby
upholding the Judgment dated 19.06.2013, passed by the learned Chief
Judicial Magistrate, Morigaon, in G.R Case No.1346(A)/2010, convicting
the petitioner, herein, under Sections 447/325 IPC, and sentencing him
accordingly.
3. The prosecution case in brief is that, one Madhumoti Devi, lodged
an FIR before the Officer-in-Charge, Morigaon Police Station, on
22.12.2010, inter alia, alleging, therein, that on 28.11.2010, at about
11.30 a.m, her husband had brought the cow belonging to the petitioner,
herein, and tied the same with a rope in his house, inasmuch as, the cow
had destroyed the paddy in his field and had intimated the said fact to the
petitioner. It is alleged that the accused thereafter, had come to their
house and had a quarrel with her husband and also assaulted him. It was
further alleged that her husband had sustained an injury on his head. The
accused was also alleged to have assaulted her daughter Majoni Devi
while she tried to resist the accused.
In the FIR, it was stated that in view of the fact that, her husband
was required to undertake treatment at Morigaon Civil Hospital, she being
busy with him, a delay had occasioned in filing the Ejahar.
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On receipt of the said Ejahar, the same was registered as Morigaon
P. S. Case No.192/2010, under Sections 448/325 IPC.
The police on conclusion of investigation laid a charge against the
petitioner, herein, under Sections 448/325 IPC.
4. The learned Trial Court on appreciating the materials available on
record framed a charge under Sections 448/325 IPC, against the
petitioner, herein. The said charge on being read over and explained to
the petitioner, herein, he having pleaded not guilty and claimed to be
tried, a Trial ensued in the matter.
In course of the Trial, the prosecution had examined 9(nine)
witnesses. Thereafter, the petitioner was examined under Section 313
CrPC.
The learned Trial Court, on conclusion of the Trial, vide Judgment
dated 19.06.2013, on examination of the evidences coming on record was
pleased to convict the petitioner, herein, under Sections 447/325 IPC. On
his such conviction, the learned Trial Court sentenced the petitioner,
herein to undergo Simple Imprisonment for 3(three) months under
Section 325 IPC and also to undergo Simple Imprisonment for 1(one)
month under Section 447 IPC.
5. I have heard the learned counsel for the parties and also perused
the materials available on record.
6. The conclusions drawn by the learned Trial Court as well as by the
learned Appellate Court has been closely perused by this Court.
On a perusal of the conclusions so drawn, this Court finds that the
same was so drawn on a due and proper appreciation of the evidences
coming on record. Accordingly, the conviction of the petitioner, herein,
under Sections 447/325 IPC would not mandate any interference.
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7. Having drawn the above conclusion, this Court notices that the
offence involved in the matter was committed by the petitioner on
28.11.2010. Around 15(fifteen) years have lapsed since the date of
commission of the offence by the petitioner, herein, and more than
12(twelve) years have lapsed since the date of his conviction by the
learned Trial Court vide Judgment dated 19.06.2013. It is also noticed by
this Court that the learned Trial Court while sentencing the petitioner,
herein, had noticed the provisions of the Probation of Offenders Act,
1958, but the benefits, thereunder, was denied to be extended to him,
only considering the nature of the offence established against him in the
matter.
8. This Court, considering the long lapse of time of more than
15(fifteen) years since the date of commission of the offence and also
noticing that the petitioner, herein, has been litigating the matter for the
last about 15(fifteen) years, initially before the Trial Court, thereafter
before the Appellate Court and presently before this Court in the present
criminal revision petition, this Court is of the considered view that the
petitioner, herein, is entitled to be extended with the benefits under the
provisions of Probation of Offenders Act 1958.
9. Accordingly, for the reasons noticed hereinabove, while upholding
the conviction of the petitioner, herein, this Court directs that the
petitioner be not sent to undergo the imprisonment but be extended with
the benefit under the provisions of Probation of Offenders Act, 1958.
10. In view of the above discussions, it is directed that the petitioner,
herein, will file 2(two) sureties to the tune of Rs.20,000/-(Rupees Twenty
Thousand)each, along with a personal bond before the learned Trial
Court i.e. the Court of the learned Chief Judicial Magistrate, Morigaon, and
undertake, to the effect that the petitioner shall maintain peace and good
behavior during the period of 1(one) year from the date of filing of the
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bond. The aforesaid bond be filed by the petitioner within a period of
1(one) month from today.
11. With the above observations and directions, the present Criminal
Revision Petition stands disposed of.
12. Send down the records of the case to the Trial Court along with a
copy of this order for information and necessary action.
JUDGE
Comparing Assistant
