POWAL BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.M. Bora, learned counsel for the accused appellant. Also heard Mr. D. Das, learned Addl. PP, Assam. This appeal has arisen out of the judgement dated 23/03/2009 of the learned Sessions Judge, Jorhat in Sessions Case No. 5/2008 convicting the accused appellant under Section 326 and 307 IPC. He has been sentenced to undergo RI for 5 (five) years with a fine of Rs. 10,000/ - and in default further RI for 6 (six) months for the offence under Section 326 IPC. So far as the offence under Section 307 IPC is concerned, he has been sentenced to undergo RI for 10 years and also to pay fine of Rs. 25,000/ - and in default to undergo imprisonment for another one year. Both the sentences would run concurrently and the amount of fine is to be paid to the victim..

(2.) THE prosecution story in brief is that the victim at that relevant point of time (15/10/2007) was aged only 22 years. On the date of occurrence he was fishing in a pond near his residence by using a fishing rod. The accused appellant suddenly attacked him from behind with a dao. Thereafter, although the victim tried to resist but he was inflicted with further injuries with the dao. When the victim raised hue and cry, the accused dropped his dao and engaged himself into a duel and in the process gave a bite upon the right ear of the victim. Sustaining injuries, the victim was also about to lose his consciousness. Hearing hue and cry, the parents of the victim immediately arrived at the place of occurrence and the accused ran away leaving behind his dao. The victim was first taken to his residence and a doctor was summoned and thereafter on being referred to hospital, he was admitted at Jorhat Civil Hospital where he underwent treatment for about 10 days. Thereafter, he was sent to Dibrugarh Medical College where he underwent treatment for about 8 days.

(3.) THE Doctor (PW -9) who examined the injured victim opined as follows : -