DEBNATH ORAO Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is preferred by the accused appellant, namely, Sri Debnath Orao being aggrieved with the judgment dated 31.08.2015 whereby the learned Additional Sessions Judge, Circuit Court, Bilasipara, Dhubri in Sessions Case No. 201/2014 arising out of GR Case No. 283 (CPR)/2011 corresponding to Chapar Police Station Case No. 283/2011, whereby said appellant was convicted under Section 326/307 IPC for voluntarily causing grievous hurt upon the victim Chandan Orao by dangerous weapons, i.e., by dao and for an attempt to commit murder of the said victim and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 10,000/-in default, to undergo Simple Imprisonment for 1 (one) year for committing the offence under Section 326 IPC and to undergo Rigorous Imprisonment for life with fine of Rs. 10,000/-, in default, to undergo Simple Imprisonment for 1 (one) year for committing offence under Section 307 IPC, where both the sentences to run concurrently and observed that the fine to be realised from the said accused/appellant shall be provided to the victim Chandan Orao as compensation under Section 357(1)(b) of CrPC.

(2.) Heard Mr. Hafiz Rashid Ahmed Choudhury, learned Senior counsel, assisted by Mr. Nurus Safa Laskar, learned counsel for the appellant and Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam for the State.

(3.) The prosecution case, as it emerges from the First Information Report dated 13.09.2011 (Exhibit-1) lodged by the informant Sri Lasman Orao (PW.1) before Capar Police Station is that around 08:30 a.m. on 12.09.2011 when informant's son Chandan Orao, aged about 24 years was about to return home after a chat with his friends in front of his house, the accused Debnath Orao, in a pre planned manner came there with a sharp weapon, i.e. dao and dried chili powder, yowled at his son, threw chili powder on his eyes for which he became sightless and taking advantage of that said accused Debnath Orao with an intention to kill his son, hacked him with the dao and also gave him dao blows in various parts of his body, which he was carrying in his hand, due to which his son was injured grievously. In the said ejahar the informant also stated that victim was admitted in Kokrajhar Civil Hospital for treatment and the said FIR, was registered as Chapar Police Station Case No. 283/2011 under Sections 341/326/307 of the Indian Penal Code corresponding to G.R. Case No. 283 (CPR)/2011 was registered against the accused person, the appellant herein.