KAMAL HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Under assailment in this revision is the judgment and order dated 04.12.2004 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 28(2)/2004 affirming the judgment and sentence dated 20.05.2004 passed by the learned Additional Chief Judicial Magistrate, Tinsukia in G.R. Case No. 133/1998 convicting the accused petitioner under Section 326 IPC and sentencing him to Rigorous Imprisonment for 1 (one) year and to pay fine of Rs. 5,000/-, in default, to Simple Imprisonment for 15 (fifteen) days.

(2.) The factual aspects of the case in a nutshell is that on the evening of 30.01.1998, while the injured Mrinmoy Choudhry was coming back to his house at about 9.30 pm along with the wife of the accused petitioner, Hemanti Hazarika at her request to escort her to her house and when he was taking betel nut offered to him by Hemanti Hazarika in her house, her husband (accused petitioner) arrived and inflicted dao blows to him on the lower part of his abdomen and pelvic region and other parts of his body causing grievious injuries to him. The injured was brought to his home by one Dusu a neighbour from the place of occurrence and thereafter, he was taken to St. Luke's Hospital at Tinsukia by his brother Mrinmoy Choudhury.

(3.) In pursuance to FIR lodged by Mrinmoy Choudhury, Bordubi P.S. Case No. 13/1998 was registered and on completion of investigation Charge-Sheet was submitted against the revision petitioner and his wife Hemanti Hazarika.