INDRA MOHAN BISWAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel for the appellant and Ms. S. Jahan, learned Addl. P.P., Assam.

(2.) This appeal is directed against the judgment and order dated 03.11.2009 passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 55/2006. By the said judgment, the accused appellant was convicted under Section 307 IPC and sentenced to imprisonment for five years and fine of Rs. 500/- with default stipulation.

(3.) As per the prosecution case, on 17.02005, at about 10 O'clock at night at the instigation of the accused, Padma Mohan Biswas, the accused person namely, Indra Mohan, Rajmohan, Lalita and Sani assaulted the elder brother of the informant (PW-3) with a piece of timber and caused serious injury. Immediately, he was shifted to hospital and PW-1, brother of the injured lodged the FIR (Ext.1). On the basis of the said FIR, police registered a case and after usual investigation, submitted charge sheet against all the 5 persons named in the FIR and eventually all the five charge sheeted accused including the present appellant stood trial.