(1.) Heard Mr. M P Goswami, learned Addl. PP, Assam. None appears for the petitioners.
(2.) Present revision has been preferred against the judgment and order dated 18.08.08 passed by the learned Addl. CJM, Dhubri where present accused petitioners were convicted u/s 325 of Penal Code and sentenced to undergo SI for 3 (three) months each and to pay a fine of Rs. 4,000.00 each i/d S.I for 15 days.
(3.) Prosecution case in brief is that one Md. Nazrul Islam lodged FIR on 14.03.06 at Golakganj PS at 09.30 am, alleging that his brother Md. Jahirul Islam went to see the china paddy cultivation over his land and then he found two accused persons namely Kachu Sekih and Manik Ali throwing out the earth to his paddy cultivation and when Jahirul protested, the accused persons, abused and assaulted him with an iron bucket causing grievous injury on his nose and other parts of his body. Other persons working in nearby land, came and rescued Jahirul. Thereafter, Jahirul filed an FIR and on the basis of FIR Gauripur PS Case No. 58/06 u/s 447/294/325/506/34 of Penal Code was registered and after due completion of the investigation, charge-sheet was submitted against said two accused persons u/s 447/342/325/34 of IPC.