PUSPA BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sekhar, the learned counsel for the petitioner. Also heard Mr. M. P. Goswami, the learned Additional Public Prosecutor for the State respondent.

(2.) This Criminal Revision Petition under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sri Puspa Borgohain, impugning the judgment and order dtd. 13/12/2013 passed by the Court of the learned Sessions Judge, Tinsukia, in Criminal Appeal No. 21(2)/2013, whereby the conviction and sentence imposed on the present petitioner under Ss. 341/326 of the Indian Penal Code by the Trial Court i.e., the Court of learned SubDivisional Judicial Magistrate (M), Sadiya, Chapakhowa was upheld and the appeal was dismissed.

(3.) The facts relevant for consideration of the instant Revision Petition, in brief, are that on 12/12/2011, the informant, Sri Ilakanta Sonowal had lodged an FIR before the Officer-inCharge of Dhola Police Station at about 5.00 p.m., when his son Gokul Sonowal was coming towards his home after collecting paddy from the paddy field in a Tata Magic vehicle along with his nephew, Rituraj Boro (who is the PW-2) and Nabin Bora (who is the PW-3), they were wrongfully restrained by the present petitioner. It is also alleged in the FIR that thereafter, the present petitioner attacked Gokul Sonowal with a "dao" on his head and left hand, in which he sustained severe injuries.