PRAFULLA BORAH AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned Senior Counsel for the appellants and Mr. D.Das, learned Addl. Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dated 05.04.2010 passed by learned Addl. Sessions Judge (FTC) , Biswanath Chariali in Sessions Case No. 167/2007. By the said judgment, learned Sessions Judge convicted the appellant No. 1 u/s 326 IPC and sentenced him to rigorous imprisonment for 2 (two ) years and fine of Rs. 5,000/- with default stipulation. The accused appellant No. 2 was sentenced to imprisonment for one year u/s 324 IPC.

(3.) As per prosecution case, on 11/4/06, at about 7.30, in the evening, ten accused persons named in the FIR dragged PW 10, Prafulla Borah from his house and took him near a PCO, where all the accused persons named in the FIR, mounted assault on him causing serious injuries. An FIR was lodged by PW 3, Kamal Borah, on the basis of which, police registered a case and after usual investigation, submitted charge-sheet against six accused persons, including the present appellants u/s 326/307 IPC read with Section 34 IPC. Eventually all the six accused persons against whom charge-sheet was filed, stood trial.