AZMAL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 28.02.2005 passed by the learned Additional Sessions Judge (Ad-hoc), Hojai, Sankardev Nagar in Criminal Appeal No. 2/2005 affirming the judgment dated 07.12.2004 passed by the learned Judicial Magistrate, First Class, at Hojai in G.R. Case No. 488/2000 convicting the petitioners under Sections 326/34 IPC and sentencing them to Rigorous Imprisonment for 2 (two) years and to pay fine of Rs. 1000/- each, in default, to Simple Imprisonment for 6 (six) months.

(2.) The factual backgrounds of the case in brief are that on the evening of 13.07.2000, when the injured Abdul Noor on his arrival at Ambari Chariali from Doboka in his Ambesadar car was taking tea with Kutub Ali in a tea stall owned by Asman Ali, the accused petitioners along with their brothers armed with dao, Khukri, spear suddenly attacked him causing grievious injuries to him. The neighbours including Sukur Ali and Hussain Ahmed rescued him and took him to HAMM Hospital. The written FIR was filed by his brother Yakub Ali on the basis of which a case was registered and after completion of investigation Charge-Sheet was submitted against 4 of the accused persons including the accused petitioner.

(3.) During trial the prosecution examined 6 witnesses including the formal witnesses. Defence took the plea of total denial. The learned Trial Court on the basis of the evidence convicted all the four accused persons under Section 326/34 IPC. In appeal, two of the accused were acquitted by the learned Additional Sessions Judge. However, the judgment of the Trial Court so far the present petitioners were concerned was affirmed. Hence, this revision.