NANDALAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a revision against the order of conviction under section 323 I.P.C. and sentence imposed on the petitioner is imprisonment for one month.

(2.) The prosecution case is that the accused Nandalal had impaired relations with the injured Dilip Das. On 27.10.77 at 5 P.M. while the accused was proceeding towards the Barabazar of Nagaon town, the accused caught hold of the injured by his shirt and boxed him at his face and nose. Dilip was taken to. hospital and treated. He bled from his mouth and nose. Later a tooth turned loose. The story has been stated by the injured P.W. Dilip Das and confirmed by his companions; P.Ws. Tilok Bora and Haru Dey. The witnesses are natural witnesses. They had no grudge or animosity against the accused. The doctor, who was examined in court, has proved the injuries. Although the doctor stated that the tooth injury was grievous learned Magistrate did not consider it to be grievous hurt for reasons stated in his judgment and convicted the accused under section 323 I.P.C. and sentenced him to one months imprisonment. The petitioner took: an abortive appeal.

(3.) Although a faint attempt was made by the learned counsel for the petitioner to show that the conviction was not sustainable, in the course of the argument, considering the inherent strength of the prosecution case, learned counsel submitted that the sentence should be altered.