SRI ASHISH KAIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - This is a Criminal Revision Petition, filed under Section 397 of the Cr.PC, challenging the legality and propriety of the judgment and order, dated 08.10.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Cachar, Silchar, in Criminal Appeal No. 11/2007 dismissing the appeal and upholding the judgment and order, dated 11.07.2007, passed by the learned Chief Judicial Magistrate, Cachar, Silchar, in GR Case No. 1838/2001, sentencing the accused petitioner to undergo Rigorous Imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- , and in default, Rigorous Imprisonment for 3 (three) months under Section 326 of the IPC.

(2.) Heard Mr. I.H. Laskar, learned counsel for the revision petitioner. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The case of the prosecution is that, on 19.07.2001, at about 7 pm, the injured Subhash Kairi went to visit his kitchen garden. There he was attacked by the accused/petitioner Ashish Kairi and Ramdulal Kairi, voluntarily causing grievous hurt to the person of Subhash Kairi by a sharp cutting weapon. The victim raised hue and cry, following which, nearby people assembled there and the accused petitioner fled away from the place of occurrence. The victim was taken to Silchar Medical College and Hospital, where he had undergone medical treatment for 1 month and 17 days. Thereafter, his brother lodged the FIR stating therein the cause of delay in filing the FIR. The cause of delay in filing the FIR was attributed to the fact that the informant was busy in medical treatment of his brother/injured.