RAMAPADA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. Z.Alam, learned counsel appearing for the appellant and Mr. H. Sarma, learned Addl. Public Prosecutor, Assam appearing for the respondent No.1. Also heard Mr. S. C. Biswas, learned counsel appearing for the respondent Nos. 2 to 7, acquitted accused persons.

(2.) This appeal is against acquittal and lesser sentence of the accused persons passed by the learned Sessions Judge, Karimganj on 23-05-2014 in Session Case No. 90/2011, having filed by the appellant, father of the informant of the case that has arisen out of Karimganj PS Case No. 547/2008. By the impugned judgment and order, the respondent Nos. 2 to 7, the accused persons of the case, were convicted under Section 325/34 IPC and sentenced to rigorous imprisonment for a period of six months with a fine of Rs. 3,000/- each and in default, to undergo further rigorous imprisonment for a period of one month. The accused persons were also convicted and sentenced to undergo simple imprisonment for a period of two months with fine of Rs. 1,000/- each, u/s 323/34 IPC, in default to further undergo simple imprisonment for a period of 15 days, with the observation that all the sentences will run concurrently.

(3.) The appellant herein, is aggrieved, as the learned trial judge did not convict and sentence the accused persons i.e. the respondent Nos. 2 to 7 under section 304 Pt. II but also gave a lesser punishment. The learned trial judge should have considered the injury sustained by the son of the appellant, which were grave in nature and the accused persons should have been convicted u/s 304 Part-II IPC and should have been given more severe punishment.