KHUSHAL DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B K Bhagawati, learned counsel for the appellant and also Mr. K Munir, learned Addl. Public Prosecutor, Assam for the Respondent-State.

(2.) This appeal has been preferred against the judgment dated 28.2.05 passed by the learned Addl. Sessions Judge, Kamrup, Guwahati in Sessions Case No.174(k)/04 convicting under Sec. 323 Penal Code and sentencing to undergo one year rigorous imprisonment and also convicting under Sec. 341 Penal Code and sentencing to undergo one month simple imprisonment which shall run concurrently.

(3.) The story projected by the prosecution is that on 30.10.98 at about 5 pm when informant's husband Sri Khagen Deka was going towards Salmara chawk for marketing and when he arrived at the gate of the appellant, the later, who was hiding nearby with a dagger in hand from before, out of grudge wrongfully restrained and hit him on various parts of his body with the said dagger in an attempt to cause death by causing grievous injury to his person. The injured was admitted in a local State health dispensary for his treatment. A cash amount of Rs. 1000.00 was found missing from the possession of the victim after the said incident. Receiving the written FIR a crime being Baihata PS.Case No.171 of 1998 was registered under Sections 341/326/307/379 Penal Code. On completion of the investigation the charge-sheet was submitted against the appellant under the aforesaid Sections of law. On committal, the learned trial court framed charges under the said sections of law. The appellant pleaded not guilty and claimed to be tried. He was examined under Sec. 313 Crimial P.C. but declined to adduce any evidence. To prove the charge the prosecution examined six witnesses and on the basis of the evidence and materials on record, the learned trial court convicted and sentenced the appellant as stated earlier.