MINARAM SONOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 31.5.1995 passed in Criminal Appeal No. 11/95 by learned Single Judge, Golaghat, affirming the judgment/order dated 6.3.1995 passed by CJM, Golaghat, in case No. G.R. 893/89. The present petitioner Shri Minaram Sonowal, who was the accused in this case, was convicted under Section 326 of IPC and sentenced to R.I. for six months together with a fine of Rs. 1,000 etc. On the accusations brought against him and accepted as proved.

(2.) THE brief facts are as follows : On 24.6.1989 at 3.00 p.m. while Sri Gunja Phukan was talking to his friend Bipul Bora alias Chutia at tri -junction point (Tiniall) of Amuguri village, accused Minaram Sonwal (petitioner) alighting from a truck suddenly started striking on Gunja Phukan indiscriminately with a dager (khukuri) resulting in serious cut injuries to his person lading to his unconsciousness.

(3.) IN course of trial 6 witnesses were examined including the doctor and the I.O. They are the informant, Guna Ram Phukan (P.W. -1), Bipual Bora alias Chutia (P.W. -2), Nenai Sonowal (P.W. -3), Gunja Phukan, the victim (P.W. -4), Shri Tankeswar Dutta the I.O. (P.W. -5) and Dr. Ruhini Kr. Deka, the medical expert (P.W. -6). The statements of accused (petitioner) under Section 313 Cr.P.C. was recorded. Written argument from defence was received and finally trial court passed the impugned judgment as stated before -hand without giving the petitioner any benefit of the Probation of Offenders Act, 1958, in view of the gravity of the assault etc.