HERAMBA HANDIQUE Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Baruah, learned counsel for the petitioner and Mr. H. Sarma, learned Addl. PP, Assam.

(2.) This Criminal Revision has been preferred under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 against the judgment and order dated 3.5.2006 passed by the learned Sessions Judge, Dhemaji in Criminal Appeal No.17(4)/05 thereby dismissing the appeal preferred by the accused/petitioner and upholding the judgment and order dated 7.12.2005 passed by the learned Chief Judicial Magistrate, Dhemaji in G.R. Case No.251/2003 (SLP).

(3.) The case of the prosecution is that one Romen Gogoi lodged an FIR to the effect that on 28.5.2003 his father Nobin Gogoi was found lying on the Railway Track with multiple injuries all over his body. Police after investigation, charge-sheeted the accused Heramba Handique and Robi Handique under Section326 I.P.C. After trial, the learned Additional Chief Judicial Magistrate, Dhemaji convicted the accused-Haramba Handique under Section 325 I.P.C. and sentenced him to undergo simple imprisonment for a period of three years and to pay a fine of Rs.10,000. The other accused Robi Handique was forwarded to the Judicial Court at Jorhat for trial.