SRI SORU KALITA VILLAGE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S Roy, learned Amicus Curiae and Ms. S Jahan, learned Addl. PP, Assam.

(2.) This revision under Section 482 Cr.P.C , 1973is directed against the judgment and order dated 05-12-2001 passed by learned Sessions Judge upholding the judgment and order dated 05-12-2001 in GR Case No. 714/1995 passed by learned CJM, Kamrup, whereby the revision petitioner was convicted under Section 326 IPC and sentenced to imprisonment for 2 (two) years and fine of Rs. 1,000/- with default stipulation.

(3.) The prosecution case as unfolded during trial is that on 21-02-1995 at about 4.30 pm, when Lalit Kalita, PW-1, was proceeding through Dharapur road, the accused arrived there by driving his vehicle. The accused stopped the vehicle and dealt a blow to PW-1, the victim, with a khukuri. When PW-1 tried to ward off the blow by raising his hand, the blow fell on his hand and his thumb was cut. Immediately he was shifted to the hospital. The FIR was lodged on 23-02-1995 by PW-2, the elder brother of PW-1, on the basis of which, police registered a case and on completion of investigation laid charge-sheet against the revision petitioner under Section 326 IPC.