KISHORE HALOI & ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision arises out of judgment and order dated 18.10.2001 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No.6 (2)of 2001 upholding the order of conviction and sentence dated 30.3.2001 passed by the learned Additional Chief Judicial Magistrate, Bongaigaon under section 147,323 and 324 Penal Code in G.R. Case No. 167 of 1996 sentencing the accused persons-petitioners to pay fine of (i) Rs. 300, in default to undergo simple imprisonment for a period of one month under section 147 IPC; (ii) Rs. 200, in default to undergo simple imprisonment for a period of one month under section 323 of IPC; (iii) Rs. 500, in default to undergo simple imprisonment for a period of three months under section 324 IPC.

(2.) The case was originated on the basis of FIR lodged by PW 3, namely Praneswar Lahirion 16.12.1996 with the Officer-in-charge. Bongaigaon Police Station, Bongaigaon alleging inter alia that on the date of occurrence at about 6.30 PM, the accused-petitioners Kishore Haloi with 5 other persons came to the Old Colony, near Railway Hospital, Bongaigaon physically assaulted by knife/bhojali and iron rod and attempted to murder his son Sri Sanjib Kumar Lahiri. It is also alleged that after assaulting the victim seriously by iron rod by causing other injuries, the accused persons have fled away from the spot and on receipt of the aforesaid FIR, the police registered the Bongaigaon PS Case No. 169 of 1996 under section 147/323/324 Penal Code against the accused-petitioners.

(3.) After completion of necessary investigation, police submitted charge sheet dated 6.2.97 against the accused-petitioners under section 147/323/324 1 PC.