CAPTAIN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Revision application is directed against the judgment and order dated 16.12.95 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 8(2)/ 94 upholding the conviction of the accused/ petitioner u/s. 325 of the IPC and the sentence to undergo imprisonment for three months and to pay a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for another six months by which while affirming the judgment and order dated 05.03.94 passed by the Judicial Magistrate, 1 st Class, Tinsukia in G.R. Case No. 886/89 convicting the accused/petitioner u/s. 325 IPC and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default to undergo a simple imprisonment for one month, modified the sentence as above.

(2.) On the basis of the First Information Report (FIR) lodged by one Shri Sudar Tanti on 14.07.89, Kakapathar Police Station Case No. 63/89 was registered u/s. 324/325 IPC against the accused/petitioner. It was, inter alia, alleged in the FIR that on I4.07. 89at about 10 A.M., the informant's mother Smt Padma Tanti was assaulted and thrown away in the cowshed by the accused/petitioner Shri Captain Tanti, S/o. Rama Tanti, while she was clearing the cowshed in the house of Rama Tanti. Aftercommitting the crime the accused/ petitioner fled away from the place of occurrence.

(3.) On the basis of the aforesaid FIR, the Police investigated the case and during the course of the investigation the petitioner/accused was arrested. The Police also seized a bamboo stick on 14.07.89 used by the accused/petitioner and collected the injury report in respect of injured Padma Tanti from P.H.C., Kakapathar. On completion of the investigation, the Police submitted charge sheet against the accused/petitioner under the aforesaid Sections of the IPC. The Police case culminated to G.R. Case No. 886/89.