GIRISH BAYAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Senior Counsel Mr. S. Dutta for the appellant and Learned Addl. Public Prosecutor Ms. S. Jahan for the State.

(2.) This revision petition is directed against the judgment and order dated 25.02010 passed by learned Sessions Judge, Dibrugarh, in Criminal Appeal No. 33(4)/09. By the said judgment learned Sessions Judge, dismissing the appeal, upheld the judgment and order dated 05.10.2009 passed by the learned Addl. Chief Judicial Magistrate, in G.R. Case No. 268/08, whereby, the petitioner was convicted u/S. 323, IPC and sentenced to simple imprisonment for 1 (one) month.

(3.) As per prosecution case on 07.02.2008 at about 6'Oclock in the evening, the petitioner Girish Bayan assaulted PW-1 Rupen Bayan in the campus of his house, upon instigation of Jadu Bora. An FIR was lodged by PW-2, Mamoni Bayan, on the basis of which, police registered a case and after usual investigation submitted charge sheet against the accused u/S. 341/323, IPC. Eventually the petitioner stood trial.