KIRAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the appellant and also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.

(2.) This appeal has been preferred against the judgment and order dated 16.11.2002 passed by learned Adhoc Addl. Sessions Judge No. 1, Kamrup (Assam) in Sessions Case No. 230 (K)/2001, convicting the accused-appellant under Section 307 IPC and sentencing him to undergo to simple imprisonment for 3 years and to pay fine of Rs. 500/- and in default of payment of fine to undergo simple imprisonment for another one month.

(3.) Briefly stated, the prosecution story is that on 22.06.2001 at about 4.30 PM at Salmara under Baihata Chariali P.S. the informant, Shri Khogen Deka, S/o Shri Saganmal Deka of the said village went to their seedling orchard to see the growth of seedling which was situated near the residence of accused, Shri Kiran Deka. After entering into the said orchard he found that a goat was roped inside the seedling bed and the goat was feeding on the seedlings and damaging it. He found that somebody purposefully roped the goat in the seedling bed. Then he tried to pull out the knot of the rope from the seedling bed and at that moment the accused, Kiran Deka arrived there and inflicted a blow with a dao on the back side of his head with an attempt to kill him and caused grievous injury to him. The accused then fled away immediately. The informant, Shri Khogen Deka was immediately rushed to the nearby clinic and then he was shifted to Guwahati Medical College Hospital with the help of some other persons. On a written FIR lodged by the informant, a case being Baihata Chariali P.S. Case No. 48 of 2001 under Sections 326/307/506 IPC was registered. The police investigated the matter and after completion of the investigation, submitted the charge sheet against the accused-appellant under Sections 307/326/506 IPC. The learned S.D.J.M., Rangia committed the case to the Court of Sessions, Kamrup, Guwahati. On receipt of the case records, the learned trial Court framed the charges under Sections 307/326 IPC against the accused-appellant. The charges were read over and explained to the accused-appellant, he pleaded not guilty and claimed to stand the trial.