(1.) Heard Mr. G. Pathak, learned Amicus Curiae appearing for the appellant. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam.
(2.) This is an appeal under Sec. 374 (2) of the Code of Criminal Procedure against the judgment and order dtd. 7/4/2012 passed by the learned Sessions Judge, Dhemaji in Sessions Case No.21 (DH)/2010. The appellant was convicted under Sec. 324 of the Indian Penal Code and was sentenced to undergo simple imprisonment of 2(two) years and to pay a fine of ?1,000/- with default stipulations.
(3.) On 6/6/2009, Sri Rajani Kardong had lodged an FIR before police alleging that on the same evening at about 6 P.M., while Mohini Kardong was returning home from Panchayat Office, the present appellant attacked him with a khukuri. Mohini Kardong sustained injuries. On conclusion of investigation, the charge sheet was filed.