JIBAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - This Criminal Revision Petition, filed under Section 397/401 Cr.PC, praying for setting aside the judgment, dated 23.7.2016, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Lakhimpur, North Lakhimpur, in GR Case No. 440/2001, convicting and sentencing the revision petitioner to Simple Imprisonment for 2 years and fine of Rs. 1,000/-, in default of payment of fine, Simple Imprisonment for 2 months, under Section 326 IPC as well as the judgment, dated 17.1.2001, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur, in Criminal Appeal No. 5(2)/2006, upholding the order of conviction and reducing the substantive sentence of the revision petitioner from 2 years to 1 year and to pay a fine of Rs. 1,000/- and, in default, Simple Imprisonment for another 2 months.

(2.) I have heard Mr. S T Talukdar, learned counsel for the revision petitioner as well as Ms. S H Bora, learned Additional PP for the state.

(3.) The fact of the case is that, on 14.4.2001, at about 4:00/4:30 pm, while Sri Gopal Das, the elder brother of the informant, was coming back home after enjoying a "Bihu Husori" by riding a bicycle, the accused Indra Das and Purna Das, wrongfully restrained him on the road in front of the residence of the accused Indra Das, Then, accused Jiban Das came out of the house of the accused Indra Das, assaulted the accused Gopal Das with a 'khukri' causing grievous injuries on his shoulder, back and waist. The informant brought him to Bihpuria Hospital for medical treatment, wherefrom he was referred to Lakhimpur Civil Hospital for better treatment.