HARISH CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. DCC Phukan, the learned counsel for the appellant and Mr. D Gogoi, learned amicus curiae. Also heard Mr. D Das, the learned Additional P.P., Assam, appearing for the State.

(2.) This appeal is preferred against the judgment dtd. 19/12/2011 passed by the learned Additional Sessions Judge (FTC), Kokrajhar in Sessions Case No. 08/2008. By the aforesaid judgment the appellant was convicted under Sec. 307/ 323 IPC and was sentenced to suffer rigorous imprisonment for 5 years and a fine of Rs.5,000.00 in default of which rigorous imprisonment for 5 months under Sec. 307 IPC and to pay fine of Rs.300.00 only in default of which simple imprisonment for one month under Sec. 323 IPC.

(3.) The prosecution was launched on the basis of an FIR filed by the victim, inter alia alleging that the accused/ appellant assaulted the victim by fist and kick blows causing swelling injury to her. It was also alleged that her legs were tied up with rope by the accused with the help of some other persons and thereafter police arrived. She specifically mentioned involvement of the present appellant Harish Chandra Nath in commission of the offence. On the basis of the aforesaid investigation, the investigating officer filed charge-sheet under Sec. 307/323 IPC against the petitioner and three others persons including the husband of the victim. Thereafter, the committal court committed the matter to the learned Sessions Judge, Kokrajhar, who in turn entrusted the trial to the learned Additional Sessions Judge, Kokrajhar.