AMAL SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.J. Saikia, learned counsel appearing for the accused appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Gauhati High Court.

(2.) This appeal under Sec. 374 (2) of the Cr.P.C. is preferred against the judgment and order, dtd. 30/7/2011, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 85(DH)/2009 whereby the appellant has been convicted under Sec. 324 of the Indian Penal Code ('IPC' for short) and sentenced to undergo rigorous imprisonment for 1 (one) year and to pay fine of Rs.5,000.00 (Rupees Five Thousand), in default, to suffer simple imprisonment for 3 (three) months.

(3.) The prosecution story, in brief, is that on 5/9/2009, the informant Soneswar Sonowal lodged an FIR at Silapathar P.S. alleging, inter-alia, that on that day, at about 4 p.m., the accused appellant wrongfully restrained his younger brother Phukan Sonowal while he was returning from his workplace and assaulted him on his head with a sharp weapon with an intention to kill him.