JADUMANI SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent.

(2.) Jadumani Sarkar (hereinafter also referred to as the appellant) has filed this appeal challenging the judgment and order dtd. 6/7/2013 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 74 (BGN)/2012 convicting the appellant under Sec. 324 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs.1000.00 (Rupees One Thousand) with default clause and convicting and sentencing him under Sec. 448 IPC to pay a fine of Rs.1000.00, with default clause. The period of detention of the appellant was also ordered to be set off with the custodial sentence.

(3.) Prosecution case in brief is that Sri Pabitra Sarkar (hereinafter also referred to as the informant) lodged an FIR with the police at Bongaigaon Police Station with allegation that his sister-in-law Mamoni Baruah used to stay in his house. On 18/9/2009 at about 8:40 PM, while she was cooking in the kitchen the appellant barged into the kitchen and attacked his sister-in-law from behind with a kukri causing injuries on her person. When she raised alarm, his wife Dalimi Sarkar and the neighbouring people came to the spot and the appellant fled, leaving behind his kukri. His sister-in-law sustained grievous injuries on her head and left finger and she was taken to the Bongaigaon Lower Assam Hospital for treatment.