SUKUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears on behalf of the Appellant when the matter was called upon for hearing today. I have heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) This appeal is against the judgment and order dated 24.3.03 passed by the learned Additional Sessions Judge (Ad-hoc), Kokrajhar in Sessions Case No. 64/2000 convicting the Appellant under Section 307/324 IPC and sentencing him to undergo 7 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo additional 3 months S.I. under Section 301 IPC and to undergo 6 months R.I. under Section 324 IPC. Both the sentences are directed to run concurrently.

(3.) The prosecution case in brief is that on 4.6.98 at about 3.45 P.M. Danswarang Basumatary, Constable No. 65, who was posted at Bengtal O.P. entered the barrack of 1st A.P.T.E battalion in a drunken condition and had verbal altercation followed by fisticuff with constable No. 46 Md. Sukur Ali. Though the other jowans present at that time removed Danswarang Basumatary therefrom, he reentered the said barrack in order to beat up Sukur Ali. But the Appellant, Sukur Ali shot at Danswarang with the departmental SLR rifle he was carrying. The single shot pierced through chest and went out by back as a result of which he sustained grievous injury in his person. He was provided with immediate preliminary medical treatment at Bengtal P.H.C. after which he was sent to G.M.C.H. As there was none else to file the ejahar for Danswarang, one Sri Mon Mohan Deka, S.I. and i/c Bengtal O.P. filed the ejahar of the case in terms of G.D. Entry No. 50 of Nengtal O.P. On completion of the investigation, Police laid the charge sheet against Md. Sukur Ali under Section 326/307 IPC.