BABUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel for the appellant and Mr. BJ Dutta, learned Addl. Public Prosecutor for the State respondent.

(2.) The appellant Babul Ali stood convicted u/s 326 IPC by the learned Sessions Judge, Nagaon in Sessions Case No. 300(N)/2003 and sentenced to imprisonment for five years with fine of Rs. 1,000/-, in default, simple imprisonment for one month.

(3.) The case of the prosecution as unfolded in the FIR was that on 11-06-2003 at about 9.30 at night, when Nazrul Islam (PW-6) was coming from market, the appellant inflicted injury to him with a dao. The FIR (Ext.-1)was lodged by Musahid Ali, on the basis of which, police registered Kachua PS Case No. 35/2003 u/s 341/326/307 IPC and on conclusion of investigation charge-sheet was laid against the appellant u/s 341/326/307 IPC.