JAGADISH MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present revision is preferred against the judgment and order, passed by the learned Session Judge, Barpeta, in Criminal Appeal No.16(A)/2008, whereby, by its judgment and order dated 25.05.2009, the learned Sessions Court has affirmed the judgment and order of the learned Chief Judicial Magistrate, Barpeta, in GR Case No.1340/2000, whereby the present accused persons are convicted by the learned Chief Judicial Magistrate, under Sec. 325/34 IPC, and sentenced each of the accused persons to undergo rigorous imprisonment for six months with fine of Rs.300.00 each, in default, simple imprisonment for another three months.

(2.) I have heard Mr. K Baruah, learned counsel for the petitioners and Mr. D Das, learned Additional Public Prosecutor, Assam appearing for the State.

(3.) Necessary factual matrix that emerges from the record is that on 05.10.2000, at about 9.30 am, there was a quarrel between the parties on the matter of destruction of cultivation of Moran Mandal and other three family members of Moran Mandal, namely, Parbati Mandal, Pradip Mandal and Jyotshna Mandal. In the said incident, four persons, named above, have sustained injuries and the informant, namely, Krishna Kt. Bhowmic, lodged an FIR on 07.10.2000, appraising the entire incident. The injured were taken for medical treatment.