GIRISH BAYAN Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
The State Of Assam
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MIR ALFAZ ALI,J. -
(1.) Heard learned Senior Counsel Mr. S. Dutta for the appellant and Learned Addl. Public Prosecutor Ms. S. Jahan for the State.
(2.) This revision petition is directed against the judgement and order dated 25.02.2010 passed by learned Sessions Judge, Dibrugarh, in Criminal Appeal No. 33(4)/09. By the said judgement learned Sessions Judge, dismissing the appeal, upheld the judgement and order dated 05.10.2009 passed by the learned Addl. Chief Judicial Magistrate, in G.R. Case No. 268/08, whereby, the petitioner was convicted under section 323 IPC and sentenced to simple imprisonment for 1 (one) month.
(3.) As per prosecution case on 07.02.2008 at about 6' clock in the evening, the petitioner Girish Bayan assaulted PW-1 Rupen Bayan in the campus of his house, upon instigation of Jadu Bora. An FIR was lodged by PW-2, Mamoni Bayan, on the basis of which, police registered a case and after usual investigation submitted charge sheet against the accused under section 341/323 IPC. Eventually the petitioner stood trial.;
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