SHRI DULU KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 12.4.2004, passed by the Additional Sessions Judge (Ad hoc), Barpeta, in Sessions Case No. 51 of 2003, convicting the accused-appellant under Section 324, IPC and sentencing him to undergo rigorous imprisonment for 3 months with fine of Rs. 1,000/- and, in default of payment of fine, undergo rigorous imprisonment for one month. The case of the prosecution may, in brief, be described, thus :

(2.) During trial, charges, under Sections 448, 326 and 307, IPC, were framed against the accused. To the charges, so framed, the accused pleaded not guilty. The accused was, then, examined under Section 313, Cr. PC and, in his examination, the accused denied to have committed the offence, which was alleged to have been committed by him, the case of the defence being that of total denial. No evidence was adduced by the defence. On completion of trial, the learned trial Court did not find the accused guilty of the offences under Sections 448, 326 and 307, IPC, but found him guilty of the offence under Section 324, IPC and convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence passed against him, the accused has preferred this appeal.

(3.) I have heard Mr. K. Agarwal, learned counsel for the appellant, and Mr. D. Das, learned Additional Public Prosecutor, Assam.