SRI RUPAM KUMAR NEOG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 27.12.2006 passed by the learned Addl. Sessions Judge, Jorhat in Criminal Appeal No. 35/2006. By the said judgment, learned Sessions Judge upheld the judgment and order dated 27.07.2006 passed by the learned Chief Judicial Magistrate, Jorhat convicting the accused/petitioner under Section 394 IPC and sentencing him to imprisonment for 2 (two) years and fine of Rs. 500/- with default stipulation.

(2.) As per the prosecution case, on 27.03.2004 at about 3.00 pm, on the request of the accused/petitioner, the victim Pallab Goswami went to Titabor by his motor cycle, with the accused/petitioner as pillion rider. The deceased Pallab Goswami did not return till late night and on the next morning on 28.03.2004, the family members of Pallab came to know that Pallab Goswami was lying in Jorhat civil hospital in injured condition. Immediately they rushed to Jorhat Civil Hospital, and shifted the injured to a private nursing home at Dibrigarh. Suspecting that the accused/petitioner might be involved in causing injury to the victim in order to take away the motor cycle, the elder sister of the victim lodged the FIR (Exhibit-1). On the basis of the said FIR, police registered a case and after usual investigation laid charge-sheet against the accused/petitioner and eventually the accused/petitioner stood trial for the offence under Section 394 IPC.

(3.) In course of trial, the prosecution examined as many as 7 (seven) witnesses and on appreciation of evidence, learned Chief Judicial Magistrate, Jorhat convicted the accused/petitioner under section 394 IPC and awarded sentence as indicated above.