RATUL DUTTA @ KONPUTOW Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Saikia, learned Amicus Curiae. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been preferred by the accused appellant from jail against the judgment and order dtd. 12/3/2019 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 38(DH)/2018 under Sec. 326/307 IPC whereby the accused appellant was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000.00 in default RI for one month for the offence under Sec. 307 IPC. The appellant was also sentenced to undergo RI for five years and to pay a fine of Rs.1000.00 in default, RI for another one month under Sec. 326 IPC. Both the sentences were directed to run concurrently.

(3.) The brief facts of the case is that the 9/3/2018, an FIR has been lodged before the in-charge, Machkhowa police outpost under Dhemaji police station stating interalia that on the same day at about 6 am in the morning hour, while the injured, wife of the informant came out from the room by opening the back door of their house, suddenly the accused appellant attacked her with a mit dao causing grievous injuries on her person. Having seen the incident, the mother of the complainant (PW-7) raised hue and cry and some neighboring people came to the spot and saved the life of the injured. They also called 108 ambulance and the injured victim was taken to Dhemaji Civil Hospital for treatment and thereafter, she was shifted to Dibrugarh Medical College for better treatment.