JIBAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard J.M. Choudhury, learned Senior Advocate appearing for the petitioner and the learned Public Prosecutor, for the respondent.

(2.) The petitioner accused Jiban Das was tried for commission of offence under Section 326 IPC in GR Case No. 1368/93 on the allegation of causing grievous hurt to one Putou Das. On conclusion of the trial, the learned Chief Judicial Magistrate, Sonitpur, Tezpur vide judgment dated 12.5.1994 convicted the accused appellant under Section 326 IPC and sentenced him to imprisonment for four yeaRs. Feeling aggrieved, the accused appellant preferred appeal being Criminal Appeal No. 8 (S-2)/94 and the learned Sessions Judge affirmed the order of conviction but reduced the period of imprisonment to one year only. Hence the present revision.

(3.) The prosecution case in brief, is that the accused and the victim Putou Das are residents of village Goroimari Kaibarta Chuburi under Tezpur Police Station and on 26.10.1993, an altercation took place between them and thereafter, it is alleged that the accused went to his house brought out a dao and tried to assault one Dilip Das who took to his heels. The accused thereafter, entered into the house of one Putou Das and stabbed him with a mit dao causing injuries. The injured was removed to Goroimari hospital and thereafter to Tezpur Civil hospital. He was under treatment at Tezpur Civil hospital from 26.10.1993 to 20.11.1993.