BABUL PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Thakur, learned counsel for the appellant as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment dated 31.3.2003 passed by the Additional Sessions Judge, Jorhat in Sessions Case No.7 of 2001, convicting the accused appellants under section 323 of the IPC and sentencing them to undergo rigorous imprisonment for six months with fine of Rs. 1,000 and in default of payment of fine to undergo another rigorous imprisonment for two months and also convicting them under Section 324 of the IPC and sentencing them to suffer rigorous imprisonment for two years and fine of Rs. 3,000 in default of payment of fine to undergo another rigorous imprisonment for four months.

(3.) The prosecution story is based on a GD entry dated 29.1.1998 of Teok Police Station and a subsequent written FIR lodged by one Smt. Sarumai Borgohain dated 29.1.1998, wherein it was alleged that the appellants assaulted her sons Rajat Borgohain and Ranjan Borgohain including her husband Khagen Borgohain and in the said assault her son Rajat Borgohain, aged about 15 years died. Her another son Ranjan also received injury. The aforesaid FIR was received and registered as Teok Police Station Case No.8 of 1998 under Section 147/325, IPC. After completion of the investigation, charge-sheet was submitted under Sections 147/448/323/324/302, IPC. Charges were then framed against the accused appellants under the aforesaid sections of IPC.