SATYA NARAYAN BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Saikia, learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr. B. Sarma, learned Addl. P.P. for the State of Assam.

(2.) This appeal is directed against the Judgment and Order dtd. 14/7/2011 passed by the Sessions Judge, Jorhat in Sessions Case No. 62(JJ) of 2007 convicting and sentencing the accused/appellant Sri Satya Narayan Bharali (hereinafter referred to as the appellant) under Sec. 366 of the Indian Penal Code (IPC for short) to undergo Rigorous Imprisonment for 3 months and to pay a fine of Rs.1,000.00 with default stipulation.

(3.) First Information Report (FIR) bearing No. 74/2007 of Teok P.S. dtd. 14/6/2007 was got registered by 'Y' (hereinafter referred to as the informant) that on 14/6/2007, at about 9:30 a.m. while he proceeded towards Chelenghat Primary Health Centre along with his wife 'X' (name withheld) for dropping her at the said Health Centre, on the way near Chelenghat Boisamari Tini-Ali, he was way laid and accosted by the appellant who was accompanied by two other miscreants. All the three miscreants forcibly mounted the victim 'X' in a vehicle of Indica make. The informant was assaulted by the miscreants and the people who assembled at the place of occurrence were threatened by them. A Teok P.S. Case No. 74/2007 under Ss. 366/506/323/34 of the IPC was registered and the Investigating Officer (I/O in short) embarked upon the investigation. On completion of investigation charge-sheet was laid against the appellant under Ss. 366/323 IPC.