DEBABRATA RAJKUMAR S/O LT. MADAN GOPAL RAJKUMAR Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Debabrata Rajkumar S/O Lt. Madan Gopal Rajkumar
The State Of Assam
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MIR ALFAZ ALI, J. -
(1.) Heard Mr. S. Dutta, learned counsel for the petitioner and learned Addl. P.P, Ms. S. Jahan for the respondent state.
(2.) This revision is directed against the judgment and order dated 24.09.2009 passed by the learned Sessions Judge in Crl.A. 13(4)/2008. By the said judgment, learned Sessions Judge dismissed the appeal preferred by the present petitioner against the judgment and order dated 16.11.2005 passed in GR No. 1004/2005, whereby the petitioner was convicted under Section 341/323 IPC and sentenced to imprisonment for one month and fine of Rs. 500/- with default stipulation under Section 341 IPC and imprisonment for one year and fine of Rs. 1000/- with default stipulation under Section 323 IPC.
(3.) As per prosecution case, on 14.02.2006 at about 9 O'clock, at night, when the informant Benu Sinhna was closing his shop, the accused petitioner arrived there with a dao in his hand and hit him with the dao. While he tried to ward of the attack, the blow fell on his hand and he sustained injury. The accused petitioner also inflicted injury on his leg. As he raised alarm, neighbouring people assembled and the accused left the place. An FIR was lodged by the injured himself, on the basis of which, police registered a case and after usual investigation submitted charge sheet against the present petitioner under Section 341/232 IPC. The petitioner was eventually tried for the offence under section 341/323 IPC.;
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