Decided on December 10,2018

Budhram Garh Appellant
STATE OF ASSAM Respondents


RUMI KUMARI PHUKAN, J. - (1.) Heard Mr. A K Gupta, learned counsel for the appellant and Mr. M P Goswami, learned Additional Public Prosecutor.
(2.) On the basis of an Ejhar lodged by one Sri Krishna Mahato on 14.04.2005 before the Officer-in-charge Digboi Police Station to the effect that the petitioner had attacked the informant and injured him grievously on the night of 13.04.2005 at about 09:45 p.m Digoboi Police Station case No. 54/2005 u/s 341/326 of IPC was registered against the petitioner and the police commenced the investigation and after completion of the investigation charge sheet was submitted before the Court.
(3.) On receipt of the summons, the petitioner appeared before the Court and the charge u/s 341/326 of IPC was framed and read over to the petitioner to which the petitioner having denied, trial had commenced. In support of the prosecution as many as 8 witnesses including the victim, Medical Officer and the Investigation Officer were examined and thereafter the petitioner was examined u/s 313 Cr.P.C and the petitioner denied to adduce any defence witnesses. Learned Trial Court heard both the parties and thereafter vide judgment dated 8.4.2008 convicted the petitioner u/s 341 and 326 of IPC and sentenced him to undergo simple imprisonment for one month u/s 341 of I.P.C and rigorous imprisonment for 2 and years u/s 326 of I.PC and also imposed a fine of Rs. 1,000/- and in default of payment of fine simple imprisonment for one month. Against the aforesaid judgment dated 08.04.2008, the petitioner filed an appeal before the Learned Sessions Judge, Tinsukia which was transferred to the Court of learned Additional Sessions Judge (FTC) No. 2, Tinsukia and same was registered and numbered as Criminal Appeal no. 23(2) of 2008. Thereafter upon hearing the parties and perusing the records, the learned Appellate Court, vide judgment dated 25.02.2009 affirming the judgment of the Ld. Trial Court directed the petitioner to appear before the Trial Court within one month from the date of the judgment to serve out the sentence.;

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