RAJIB KAKATI ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned counsel, appearing for the appellant. Also heard Mr. BJ Dutta, learned Additional Public-Prosecutor, Assam appearing for the sole State respondent. This appeal is directed against the Judgment and Order, dated 25.05.2011, passed by the Learned Sessions Judge, Golaghat in Sessions Case No. 14/2007, whereby and whereunder the learned Sessions Judge convicted the accused/appellant under Sections 307 IPC and sentenced him to suffer R.I. for 7(seven) years and pay a fine of Rs. 5,000/- (Five thousand), in default to suffer S.I. for another period 3 (three) months.

(2.) The prosecution case, in brief, is that, on 11.11.2006 at about 6 p.m. at New Amolapatty of Golaghat town, while Shri Parikshit Borah (PW2) was returning home from the market, the appellant assaulted him with a dagger, causing injury to his head and other parts of his body. The injured person was immediately shifted to the Kushal Konwar Civil Hospital, Golaghat wherein he was required to undergo medical treatment for his injuries for 2 (two) days. Thereafter, the injured person was shifted to Dibrugarh Medical College & Hospital for further treatment.

(3.) The brother of the injured person, namely Shri Pranjit Borah (P.W. 1), lodged an FIR on 12.11.2006 (Ext. 1) with the police. The said FIR was registered by the police as Golaghat Rs. Case No. 534/2006 under Sections 326/307 IPC and Police launched investigation into the matter.