LUKMAN UDDIN AND ORS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the revision petitioners and Ms. S Jahan, learned Addl. PP, Assam.

(2.) This revision is directed against the judgment and order dated 30.06.2009 passed by the learned Addl. Sessions Judge (FTC), Karimganj in Criminal Appeal No.6(3)/2008. By the said judgment, learned Sessions Judge dismissed the appeal preferred by the present petitioners against the judgment of conviction and sentence passed by the learned Chief Judicial Magistrate, Karimganj in GR Case No.319/2004 and confirmed the conviction of the revision petitioners under Section 323 IPC and sentenced him to imprisonment for 6 (six) months.

(3.) As per the prosecution case, on 15.04.2004 the revision petitioners obstructed the informant on his way and mounted assault on him and thereby caused injuries. They also threatened the injured with dire consequences, if complaint is lodged before the police. Being scared of the accused/petitioners, the complainant could not lodge the FIR on the same day. However, on the next day an FIR was lodged by the informant (PW-1), on the basis of which, police registered a case. After usual investigation police submitted charge-sheet against the revision petitioners under Section 341/323 IPC and eventually the revision petitioners stood trial before the Court of learned Chief Judicial Magistrate, Karimganj.