TILAK MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) - By judgment and order dated 30. 7. 2007, passed, in Criminal Appeal no. 02/2007, learned Additional Sessions judge, (F. T. C.) No. 1. Kamrup, has dismissed the appeal and affirmed the judgment and order, dated 11. 12. 2006, passed, in G. R. Case No. 5422/2003, convicting the accused petitioner under Sections 448 and 354, I. P. C. and sentencing him to undergo for his conviction under Section 448, I. P. C. , simple imprisonment for one month and also to suffer, for his conviction under Section 354, i. P. C. , simple imprisonment for three months with payment of fine of rs. 1,000 and, in default of payment of fine, suffer simple imprisonment for a further period of one month.

(2.) THE case of the prosecution may, in brief, be described thus:

(3.) IN support of their case, prosecution examined five witnesses. The accused petitioner was then examined under Section 313, Cr. P. C. and in his examination aforementioned, he denied that he had committed the offences as alleged to have been committed by him, his case being not only of total denial but a counter accusation that on the day of the occurrence at about 5. 30 p. m. when he was crossing the lane, where the house of the informant is situated, he was assaulted from behind, with an iron rod, by the informant her husband Bhubaneswar deka, her father-in-law, Puwaram and her brother-in-law Dhanmoni, and on being so assaulted he fell down on the ground, lost his senses and, on regaining his senses, he found that his co-villagers had brought him to Police Station and he was thereafter, taken to Guwahati Medial College and in this regard, he too, after his release from the hospital, lodged an F. I. R. with the Police which gave rise to G. R. Case No. 423/ 2007. In support of his case, the accused petitioner too adduced evidence by examining two witnesses. Having, however, held the accused-petitioner guilty of the offences charged with learned Trial Court convicted him accordingly and passed sentences against him as mentioned hereinabove. As the appeal preferred by the accused petitioner has not yielded any favourable result to him the accused/petitioner has now come to this Court with the help, of the present revision.