ASHADUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, under Section 374(2) of the Cr.P.C., is preferred against the judgment and order, dated 1.12.2009, passed by learned Sessions Judge, Morigaon, in Sessions Case No. 38/2007, convicting and sentencing the accused-appellant, under Section 324 of the IPC, to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500/-.

(2.) The fact leading to the case is that, on 10.1.2006, the informant lodged an FIR with the Moirabari Police Station alleging that at about 12 noon the accused-appellant had an altercation with his brother/deceased Abdul Kuddush. Thereafter, the accused-appellant assaulted and caused injuries to the deceased with the helmet at his hand resulting ultimately in his death.

(3.) On receipt of the FIR, the Moirabari Police Station registered a case, investigated into it, collected evidence and, finally, submitted Final Report.