SRI BENU KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a criminal revision petition filed under Sections 397/401 read with section 482 of the Crimial P.C., 1973 challenging the legality and propriety of the judgment and order, dated 30.10.2006 passed by the learned Chief Judicial Magistrate, Jorhat, in GR Case No. 90/2005, convicting the accused petitioner under Sec. 326 of the Penal Code and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Rs. 2,000.00, and in default, to suffer rigorous imprisonment for a further period of 3 (three) months and also the judgment and order, dated 10.05.2007, passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 48/2006, upholding the aforesaid judgment of the learned Chief Judicial Magistrate, Jorhat.

(2.) Heard Mr. Santanu Bora, learned counsel appearing for the accused petitioner as well as Mr. PS Lahkar, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The case for the prosecution is that on 05.02.2005, at about 8:20 pm, informant's son/injured, Dipankar Kalita went out of the house after taking dinner. There the injured saw some cows entering into their campus. He drove away the cows but the cows damaged the nearby vegetable shop, which was owned by the accused petitioner. After the cows damaged the vegetable shop, Sri Sonaram Kalita and Sri Gathi Kalita, the father and the brother of the accused petitioner, respectively charged the injured/P.W.1 and assaulted him. He fell down, and at that time, the accused petitioner inflicted dao blow on his head causing injuries. While he raised hue and cry, his parents came out of their house and then took him to Jorhat Civil Hospital and from there the injured was shifted to Assam Medical College Hospital, Dibrugarh.