Decided on September 13,2018

Abul Malik Laskar Appellant
STATE OF ASSAM Respondents


Ajit Borthakur, J. - (1.) Heard Ms. B Sarma, learned counsel for the convict/petitioner and Mr. BJ Dutta, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 1. Also heard Mr. MH Rajbarbhuiyan, learned counsel for the informant/respondent No. 2.
(2.) This revision petition under Section 397 read with Section 401 of the Cr.PC is directed against the judgment and order, dated 02.05.2009, passed by the learned Additional Sessions Judge, Fast Track Court, Cachar at Silchar in Criminal Appeal No. 05/2008, dismissing the appeal and upholding the judgment and order, dated 03.05.2008, passed by the learned Additional Chief Judicial Magistrate, Cachar at Silchar, in GR Case No. 2247/1999, whereby he is convicted and sentenced to undergo simple imprisonment for 1 month under Section 341 of the IPC and further, to undergo rigorous imprisonment for 2 (two) years with fine of Rs. 5,000/-, in default, to suffer simple imprisonment for another 3 (three) months under Section 326 of the IPC.
(3.) The petitioner's case, in a nutshell, is that on 23.07.1999, one Md. Saleh Ahmed Barbhuiya lodged an FIR before the officer-in-charge of Katigarah Police Station alleging that on 21.07.1999 at about 8:30 pm, the convict/petitioner wrongfully restrained his father Abdul Nasim Barbhuiya on the entrance road to his house and assaulted him with a 'bhujali' (a dagger like weapon) causing multiple injuries on his person. Based on the said FIR, Katigarah P.S. Case No. 215/1999 under Sections 341/326 of the IPC, dated 23.07.1999, was registered and after completion of investigation laid a charge-sheet against the petitioner under Sections 341/326 of the IPC.;

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