MAHEN DAS 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 4.2.2010, passed by learned Additional Sessions Judge (FTC) , Barpeta, in Sessions Case No. 41/2006, convicting and sentencing the accused-appellants, under Section 323 of the IPC, to undergo simple imprisonment for 1 year.

(2.) The fact of the prosecution case is that, on 24.2001, at about 7:45 pm, the accused-appellants, formed an unlawful assembly, armed with deadly weapons, assaulted, Khairul Alom and Khairul Latif, causing grievous injuries to their persons. The FIR was lodged to that effect by one Khairul Islam. Both the injured received medical treatment at Sorbhog Hospital, and later on, they were referred to Barpeta Civil Hospital, for further treatment.

(3.) On receipt of the FIR, on the above facts, Sorbhog Police Station Case No. 83/2001, under Sections 147/325/307 of the IPC, was registered and after completion of the investigation, a charge-sheet was laid against the accused-appellants, under Sections 147/323/325/307 of the IPC.