DHANANJOY RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. T. Sarkar, learned counsel for the respondent No. 2.

(2.) This is an appeal under Sec. 374/389 of the Code of Criminal Procedure, 1973 against the judgment and order dt. 16/7/2021, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 11/2019, under Ss. 457/326/307 of the Indian Penal Code, corresponding to PRC No. 750/2018 (GR No. 4997/2017) and Dhubri P.S. Case No. 1437/2017, whereby the appellant has been sentenced to suffer R.I. for 7 (seven) years and to pay fine of Rs.50,000.00 (Rupees fifty thousand) only, in default of payment of fine, R.I. for 1 (one) year of the offence under Sec. 326 of the Indian Penal Code and also to suffer R.I. for 5 (five) years and to pay fine of Rs.25,000.00 (Rupees twenty five thousand) only, in default of payment of fine, R.I. for 1 (one) year for the offence under Sec. 457 of the Indian Penal Code and further directed that both the sentences to be run concurrently.

(3.) The prosecution case, in brief, is that on 6/12/2017, one Shri Nilkanta Ray, lodged an F.I.R. before the I/C Soulmari Police Petrol Post, which was subsequently forwarded to the Officer-In-Charge-Dhubri Police Station, alleging that on the night of 5/12/2017, at about 3.00 a.m., the accused- Dhanu Ray forcefully entered the house of the brother of informant, Shri Ramesh Chandra Ray, by cutting the bamboo wall of his house and inflicted severe injury by a sharp dao to him, his wife and his son. Thereafter, on hearing hue and cry made by them, the village people arrived there and found them in moribund condition and with the help of police, they took the injured to Dhubri Civil Hospital for undergoing treatment. Upon receipt of the said F.I.R., the Officer-In-Charge, Dhubri Police Station registered a case, being Dhubri P.S. Case No. 1437/2021, under Ss. 457/ 427/326/307, and started investigation. During investigation, the I.O. visited the place of occurrence, drawn the sketch map, recorded the statement of the witnesses and also collected the medical report.