JIT BAHADUR CHETRI Vs. STATE OF ARUNACHAL PRADESH,

JUDGEMENT

(1.) THIS is an appeal from Jail against the order of conviction and sentence of the appellant Jit Bahadur Chetri under Section 326 Indian Penal Code. The appellant was tried by the Magistrate First Class at Along, Arunachal Pradesh on a charge under Section 326 I. P. C. and convicted and sentenced to undergo rigorous imprisonment for two years and also to pay fine of Rs. 600/ -, in default of payment of fine, to undergo rigorous imprisonment for another period of six months.

(2.) AGAINST the order of conviction and sentence passed by the Magistrate 1st Class, Along, an appeal was preferred before the Deputy Commissioner, Siang District, Along, who summarily dismissed the appeal.

(3.) THE prosecution case was that in the evening of 25th June, 1976 the accused -appellant armed with a dao came to the house of Tensing Lama of Along, the complainant of the case, and inflicted cut injury with the dao on the person of Pasang Lama, a minor son of the complainant. The Sub -Inspector of Police, who was in charge of Along Police Station, investigated the case and filed a charge -sheet under Section 326 I. P. C. The learned Magistrate framed the charge against the accused -appellant under Section 326 I. P. C., and the charge reads as follows: -