PRABIN GOGOI Vs. AMBIKA GOGOI

JUDGEMENT

(1.) THIS revision is against the judgment and order, dated 17 -6 -96, passed by the learned Additional Sessions Judge, Dibrugarh, in Criminal Appeal No. 29(4)/95, whereby the conviction of the accused -opposite party, namely, Ambika Gogoi, under Sections 326 and 341, IPC, by the judgment and order, dated 30.10.1993, passed by the learned Sub -Divisional Judicial Magistrate (Sadar), Dibrugarh, in GR Case No. 39/ 93, was set aside. The acquittal of the accused -opposite party, Ambika Gogoi, stands challenged by the present revision -petitioner, namely, Prabin Gogoi, who was the injured.

(2.) THE case of the prosecution, as unfurled at the trial against the accused -opposite party, may, in brief, be stated as follows: - On 4.1.93, an FIR was lodged by one Sri Jyoti Prasad Gogoi alleging, inter alia, that on that very date, i.e., on 4.1.93, at about 7 PM, when the informant's father, Prabin Gogoi, was on his way to his village, he was assaulted by accused Ambika Gogoi with dao on his head, back and leg causing grievous injuries on the person of Prabin Gogoi. Based on this FIR, GR Case No. 39/93 aforementioned was registered against the accused -opposite party and, on conclusion of the investigation, police laid charge -sheet against the accused -opposite party under Section 326/341, IPC.

(3.) ON conclusion of the trial, the learned trial Court held the accused -opposite party guilty of the offences charged with and convicted him accordingly and sentenced him, for his conviction under Section 326, IPC, to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500 (five hundred) and, in default of payment of fine, to suffer simple imprisonment for one month and to suffer, for his conviction under Section 341, IPC, further simple imprisonment for one month.