KALPANA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.H Alamgir, learned counsel for the petitioner. Also heard Mr. K.K.Parasar, learned Additional Public Prosecutor for the state.

(2.) By filing this application u/s 397/401 R/W Sec. 482 of the Cr.PC, 1973, the accused petitioners have prayed for setting aside the judgment and order dtd. 15/6/2013, passed in Crl. Appeal No.32/2009 by the learned Sessions Judge, Hailakandi dismissing the appeal and thereby affirming the judgment and order dtd. 7/7/2009 passed by the learned CJM, Hailakandi in C.R Case No.206/2004, u/s 323/342/34 IPC and sentencing the petitioners to pay a fine of Rs.1000.00 each in default simple imprisonment for 1 month each for their conviction u/s 323/342/34 IPC on each count.

(3.) The prosecution story in brief is that on 6/6/2004, at around 7/8 pm, accused/petitioner Kalpana Das called complainant Joygopal Das to her residence and thereafter, the remaining accused petitioners namely Kutu Das, Subol Das, Arun Das, Jadav Das, Dulal Das, Chandu Das, Bindu Das and Ashit Das assaulted the complainant with fists and blows causing injuries on his person. Accordingly, the complainant filed a complaint case in the Court of learned CJM, Hailakandi vide C.R Case No.206/2004 and cognizance was taken. During trial, the complainant side adduced evidence to prove his case. After completion of trial and after hearing both sides, the accused petitioners were convicted as aforesaid.