(1.) Heard Mr. D Das, learned Addl. PP, Assam as well as learned Senior Counsel Mr. HRA Choudhury assisted by Mr. A Ahmed learned counsel for the appellant.
(2.) Appeal is preferred u/s 378 of CrPC against the order of acquittal of the respondent No. 2 given by the learned Sessions Judge, Karimganj in Crl. Appeal No. 10(2) of 2007. Although the learned trial Court convicted the accused person namely Shri Dilip Chakraborty u/s 325 of IPC in GR Case No. 959/2000 by its order dated 18.04.2007.
(3.) Necessary brief of the case is that one Smti. Bani Roy lodged an FIR before the Nilambazar OP on 01.10.2000 alleging inter alia that on 30.09.2000 at about 2-00 P.M accused persons namely Pradip Chakraborty, , Dilip Chakraborty, Prafulla Roy, Prashanta Roy, Rasmay Roy and Balram Roy and others assaulted her brother in law Shri Nani Gopal Roy by means of Crowbar, dao as a result of which he sustained grievous injury on his person. He had to be hospitalized for the injury he sustained.