(1.) This appeal has been preferred against the judgment and order, dated 24.01.2003, passed, in Sessions Case No. 228(K) of 2000, by the learned Sessions Judge, Kamrup, Guwahati, convicting the accused-appellant, under Sec. 307 IPC, and sentencing him to suffer rigorous imprisonment for 3 (three) years and pay fine of Rs. 5,000.00 and, in default of payment of fine, suffer rigorous imprisonment for another period of 2 (two) months.
(2.) The case of the prosecution may, in brief, be described thus: On 23.07.2000, at about 3-30/4-00 p.m., while Mahendra Deka @ Mahim (PW2) was returning home from the direction of his paddy field, accused HD, on the instigation of accused Dipak Das, Bhaben Das and Pabit Das, gave blows with Dao aiming at Mahendra Deka' neck; but, as Mahendra Deka tried to save himself by offering resistance, the blows fell on his hands and he sustained injuries and, having sustained injuries on his hands, he fell unconscious. One Jatin Deka (PW3), who was proceeding towards his paddy field carrying seedlings, saw the occurrence and, putting the seedlings on the ground, he rushed to the place of occurrence, he tied pieces of cloth all around the injuries, which Mahendra Deka had sustained, and carried him (Mahendra) to his (Mahendra's) house and, on arriving there, Jatin Deka (PW3) reported the occurrence to Mahendra Deka's father, Maniram Deka (PW1). Thereafter, Mahendra Deka was taken from his house to local hospital and, therefrom, to Baihata Chariali Police Station and, then, he was sent by police to the Gauhati Medical College & Hospital, at Guwahati, and he was treated there. On a written Ejahar being lodged, in this regard, by Mahendra Deka's father, Maniram Deka (PW1), Baihata Police Station Case No. 90/2000, under Sec. 341/326/307/34 IPC, was registered against the four accused persons aforementioned and, on completion of investigation, police laid charge-sheet accordingly against all the four accused persons.
(3.) At the trial, when charges, under Sections 341 and 307 read with Sec. 34, were framed, all the four accused persons pleaded not guilty thereto.