MD. MAZIBAR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision petition has been filed by the informant under Sections 401 read with Section 482 of the Cr.PC challenging the legality, propriety and correctness of the judgment and order, dated 17.02.2010, passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldai in Criminal Appeal No. 2(D-1)/2009 by setting aside the order of conviction and sentence under Section 325 of the IPC as imposed by the learned trial court and convicting the respondents/accused under Section 323/34 of the IPC and sentencing them to pay a fine of Rs. 1,000/- each with a default clause in GR Case No. 239/2007 vide judgment and order, dated 26.12.2008.

(2.) The fact of the case is that, on 26.04.2007, Md. Mazibar Rahman/the revision petitioner/informant lodged an FIR before the Kharupetia Police Out Post under Dalgaon Police Station alleging that in the evening of 22.04.2007, some betel-nut trees belonging to him were up-rooted by the hail storm and the accused-respondents took away some betel nuts. On this, when the informant/revision petitioner protested, the accused-respondents assaulted him by lathi causing fracture injury on his right hand and injury on other parts of the body. They also assaulted one Gulesha Bewa and the sister of the informant causing injury to their persons. It has also been alleged that the accused-respondents took away some house hold articles along with the betel nuts.

(3.) On receipt of the FIR, Dalgaon Police Station registered a case, being No. 80/2007 under Sections 447/325/323/379/34 of the IPC, investigated into it, and after completion of investigation, laid a charge-sheet against the accused persons under Sections 447/352/325/34 of the IPC.