BIJU BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner No.1 Shri Biju Bora is an A.S.I. of Police and the petitioner No.2 Shri Bakul Gogoi is a Police Constable. They were attached to Lahoal Police Outpost at the relevant time, i.e., month of January, 1973. They had been convicted in C.R. Case No. 78C of 1973 under section 323. I.P.C. and sentenced to pay a fine of Rs. 30,000 each. The same was upheld by the Sessions Judge, Dibrugarh in Criminal Appeal No. 4(1) of 1977. Hence, this revision.

(2.) The only question for consideration is whether the Lower Courts have acted in violation of the established principle of criminal trial for failure to take into consideration the defence evidence and documents resulting prejudice to the accused-petitioners and resulting in gross failure of justice.

(3.) The allegation in the complaint case was that the 2 (two) accused petitioners arrested Farijuddin Ahmed on 11-1-1973 at Bokul in connection with a theft case being Dibrugarh P.S. case No. 64(12) of 1972 and assaulted him with cane sticks causing hurt at the place of arrest. He came out on bail on 14-1-1973. The complain was lodged on 20-1-1973. Both prosecution and defence adduced evidence in the trial.