AMIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) With the help of this revision, the convicted person has put to challenge the judgment and order, dated 5.5.2004, passed by the learned Sessions Judge, Kokrajhar, in Criminal Appeal No.11(4)/2003, dismissing the appeal and affirming the judgment and order, dated 25.9.2003, passed by the learned Additional Chief Judicial Magistrate, Kokrajhar, in GR Case No. 699 of 2002, whereby the learned trial court convicted the accused-petitioner under section 324, Penal Code and sentenced him to suffer rigorous imprisonment for one year and also pay a fine of Rs. 300 and, in default; of payment of fine, suffer simple imprisonment for one month.

(2.) I have heard Mr. A. Sharif, learned counsel for the accused-petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described, thus: On 16.11.2002, when Takka Sheikh (PW2) was standing in front of the vegetable shop of PW3 (Md. Jamal Uddin Shaikh), at Fakiragram market; the accused came there and started giving fist blows on PW2 and when PW2 retaliated by giving fist blows on the accused, the accused, who had a knife with him, gave blows near the eyes of PW2 and also near the neck of PW2. As PW2 cried out of pain and hullah was also raised at the place of occurrence, the accused ran away. A First Information Report ('FIR'), with regard to the occurrence, was lodged by PW1 (Asoruddin Sheikh), father of the injured (PW2) and, based on the said FIR, a case was registered by the police under section 341/324/326, Penal Code. On competition of investigation, police laid charge sheet against the accused-petitioner under section 341/324/326, IPC.