SANJAY SINGH AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned Senior Counsel, assisted by Mr. R.J. Baruah and Ms. Rita Dey, learned counsel appearing on behalf of the appellants. Also heard Mr. K. Munir, learned Addl. Public Prosecutor, Assam. This appeal is directed against the judgment and order, dated 02.06.2007, passed by the learned Additional Sessions Judge No. 2 (FTC), Tinsukia, in Sessions Case No. 86(T)/2003, whereby the learned Sessions Judge has convicted the appellants under Sections 326 read with Section 34 IPC and sentenced each of them to suffer rigorous imprisonment for two years and pay fine of Rs. 2,000/- each, in default, suffer rigorous imprisonment for another period of six months.

(2.) The story of the prosecution case as may be required for disposal of this appeal may, in brief, be set out as follows:

(3.) The informant, Smti. Shobha Singh (PW 9), lodged an FIR with the police at Doom Dooma Police Station. On receipt of the said FIR, police registered Doom Dooma Police Station Case No. 28/2002, under Sections 307/326/34 IPC and launched investigation into the matter. During the course of investigation, police visited the place of occurrence, examined the injured and other witnesses and collected the medical examination reports from the respective hospitals. On completion of investigation, police submitted charge-sheet against the appellants under Sections 307/326/34 IPC.