NABIN CHANDRA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for both sides.

(2.) On 10-2-88 the informant Shri Ghanashyam Das filed an F.I.R. before Nagaon Police Station stating inter alia that on that day when he along with Tularam Das went to Saikia Jewellers an altercation took place between them on one side and the accused on the other side and when the complainant tried to intervene and settle the matter accused Jiban Bania and his son threw some acid on their body causing injury on the person. The injured removed to hospital and they were treated by the doctor. Police after usual investigation submitted charge-sheet and GR Case No. 202/88 was registered. Charge was framed against both the accused persons and on conclusion of the trial, learned Addl. Chief Judicial Magistrate, Nagaon convicted the two accused persons u/Ss. 326/34, I.P.C. and sentenced them to suffer imprisonment for four years and to pay a fine of Rs. 2,000/- each i/d to undergo further imprisonment for three months. Feeling aggrieved, the accused petitioners preferred Criminal Appeal No. 9 (N-2) 93 and vide the impugned order learned Addl. Sessions Judge, Nagaon affirmed the conviction u/Ss. 324/34, I.P.C. and sentence was modified to imprisonment for one year each and to pay a fine of Rs. 1,000/- each in default further imprisonment for two months each. Hence the present petition.

(3.) P.W. 2 and P.W. 3 are the two injured persons in this case and they have deposed as to how the incident took place and they categorically named the two accused persons. Learned counsel for the petitioners submits that there is discrepancy in the statement of P.W. 2 and P.W. 3. Though there are some minor discrepancies, which are bound to occur, the testimony of both the witnesses remained intact. Both the Courts below relied on the evidence of the two injured persons and this is a concurrent finding of fact based on evidence on record and I find no material to reappreciate the evidence.