Decided on May 08,2018

Md Safaruddin S/O Md Hafizuddin Appellant
The State Of Assam Respondents


MIR ALFAZ ALI, J. - (1.) This revision is directed against the judgment and order dated 17.08.2009 passed by the learned Sessions Judge, Morigaon in Crl. A. No. 7/2009. By the said judgment, learned Sessions Judge dismissed the appeal preferred by the present petitioner against the judgment and order dated 19.02.2009, whereby, the learned Judicial Magistrate convicted the accused petitioner under Section 325 IPC and sentenced him to imprisonment for 6 months and fine of Rs. 1000/- with default stipulation.
(2.) As per prosecution case, on 08.02.2006, there was an altercation between the accused persons named in the FIR and Mannas Ali, the son of the informant and all the accused persons named in the FIR being armed with dao, lathi, rod etc. assaulted the son of the informant while he was irrigating his land. Hafizuddin and Safar Ali shown as accused No. 1 and 2 in the FIR assaulted Mannas Ali with rod. Hearing alarm raised by him, the informant arrived at the place of occurrence and the accused persons left the place. The father of the injured (PW-1) lodged an FIR, on the basis of which, police registered a case and after usual investigation submitted charge sheet against Hafizuddin and the present petitioner. Both the accused persons stood trial before the Court of the learned Chief Judicial Magistrate, Morigaon.
(3.) In course of trial, learned Chief Judicial Magistrate framed charge under Section 325 IPC R/W Section 34 against the present petitioner and Hafizuddin, to which, they pleaded not guilty. Seven witnesses were examined by the prosecution to substantiate the charge. On completion of the evidence of prosecution side, the accused persons were examined under section 313 CrPC, 1973 wherein they took the plea of innocence and examined one witness in their defence. Learned Trial Court, on appreciation of evidence, convicted the present petitioner under Section 325 IPC and awarded sentence as indicate above. However, the co-accused was acquitted.;

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