SANKAR DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AHMR Choudhury, learned counsel for the appellants. Also heard learned Additional Public Prosecutor, Assam.

(2.) The present appeal is directed against the judgment and sentence dtd. 15/6/2010 passed by the learned Additional Sessions Judge (FTC), Kokrajhar in Sessions Case No. 17/2008 corresponding to GR case No. 550/2007 whereby the appellant was convicted under Ss. 447/324/307 IPC and sentenced him to suffer one month SI under Sec. 447 IPC and to suffer RI for one year under Sec. 324 IPC and also sentenced him to suffer RI for five years and to pay a fine of Rs.1,000.00 only in default RI for one month under Sec. 307 IPC.

(3.) The prosecution was launched on the basis of an FIR alleging, inter-alia, that on 30/6/2007 at about 9-30 p.m. the accused Sankar Debnath being armed with a khukri entered into the house of his brother Dilip Debnath and dealt khukri blow on the head of his brother with the intention to kill him. The accused attempted to dealt khukri blow on the neck of his brother, but as his brother moved suddenly the khukri hit on his shoulder. As a result, he became unconscious. Seeing the above incident the family member of his house raised hue and cry. Hearing hue and cry, the nearby people gathered for which the accused fled away from the place of occurrence. Thereafter, his brother was shifted to police station by him, one Aboni Debnath and Kamala Debnath, wife of Aboni Debnath. From police station his brother was shifted to RNB Civil Hospital, Kokrajhar in an injured condition. After receiving the ejahar, the Officer-in-Charge, Kokrajhar PS registered a case bearing Kokrajhar PS case No. 172/2007 under Sec. 458/326/307/34 IPC.