RABI KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned amicus curiae for the appellant and Mr. N.K. Kalita, learned Addl. P.P., Assam for the respondent.

(2.) This appeal is directed against the judgment and order dated 30.06.2018, passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No. 54/2016. By the said judgment, the learned Sessions Judge convicted the appellant under Section 307/326 IPC and sentenced him to rigorous imprisonment for 10 years with fine of Rs. 3,000/- each, in default to simple imprisonment for four months on both the counts.

(3.) As per the prosecution case, on 20.01.2016, the injured Mintu Karmakar and his father Sufal Karmakar had an altercation with the appellant on some petty matters and in course of such altercation, the appellant inflicted injuries to Mintu Karmakar by hitting him with a knife. Immediately, the injured was shifted to hospital and the elder brother of the injured lodged the FIR (Ext.1). On the basis of the said FIR, police registered Teok P.S. Case No. 37/2016 under Section 326 IPC and on completion of investigation, laid charge sheet against the appellant under Section 326/307 IPC. In course of trial, learned Additional Sessions Judge framed charge under Section 307/326 IPC, to which, the appellant pleaded not guilty.