CHAKRADHAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - I have heard Mr. PJ Saikia, learned counsel for petitioner and Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This revision is directed against the judgment and order of the learned Additional Sessions Judge, Dibrugarh dated 8.12.2006 in criminal appeal 21 (4)/2005 whereby the judgment of the learned ACJM, Dibrugarh dated 27.9.2005 in GR Case 953/2003 convicting the petitioner under section 341/324 of the IPC and sentencing to pay fine of Rs. 300 under section 341 of the IPC and in default to SI for 15 days and RI for 3 months with fine of Rs. 1,000 under section 324 of the IPC and in default to SI for 30 days is affirmed.

(3.) The prosecution case in a nutshell is that on 23.7.2003 at about 6 A.M. while Hemanta Gogoi was proceeding towards the house of one person at Seujpur, the accused Chakradhar Gogoi wrongfully restrained him on the way and dealt with dao blows in his head and resulting serious injury to his person. He was immediately shifted to hospital for treatment and his wife lodged an FIR with the Naharkatia Police Station. On the basis of the FIR, Naharkatia PS Case 43/2003 under section 341/326 of the IPC was registered and on its completion, charge sheet under the said sections of law was filed against the accused for his trial. The accused faced the trial and denied the charge that is levelled against him under section 331/326 of the IPC. The plea of the defence is of total denial.