Decided on May 10,2018

Sri Dilip Medhi And Ors. Appellant
The State Of Assam Respondents


AJIT BORTHAKUR, J. - (1.) This petition under Section 401(4) read with Section 482 Cr.P.C , 1973has been preferred by the petitioners against the impugned judgment and order, passed by the learned Additional Sessions Judge, (F.T.C. No. 2), Kamrup, Guwahati, in Crimimal Appeal No. 44/2007, directed against the judgment and order, dated 12.06.2007 passed by the learned Judicial Magistrate, 1st Class, Rangiya in connection with C.R. Case No. 484c/2005 under Section 341/323/34 IPC, whereby each of the petitioners is convicted and sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 500/-, in default further imprisonment for 15 days under Section 341/34 IPC and also to undergo simple imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for one month under Section 323/34 IPC. In appeal, however, the learned Addl. Sessions Judge, F.T.C. No. 2, Kamrup maintained the fine amount only and set aside the substantive sentence of imprisonment part.
(2.) The petitioner's case, in a nut-shell, is that an F.I.R. was lodged with the Officer in Charge of Kamalpur P.S., alleging, inter alia, that on 17.09.2002 at about 1 P.M., when his son Mizanur Hussain, was proceeding towards Madanguri Maranadi, riding a bicycle, the petitioner No. 2, Nurulla Ali, who is a police officer, restrained and assaulted him without any cause.
(3.) Based on the above FIR, Kamalpur P.S. Case No. 176/2002, under Section 341/325/34 IPC, was registered and after completion of investigation, the police submitted final report. However, on receipt of notice, the informant, Makibar Rahman preferred a protest petition before the Court of learned Sub-Divisional Judicial Magistrate, Rangia, vide order, dated 29.06.2005. Accordingly, the learned Sub-Divisional Judicial Magistrate, Rangia accepted the protest petition and rejected the final report and after registering the case as complaint case, made over the case to the Court of the learned Judicial Magistrate, 1st Class, Rangia for disposal. The learned Magistrate, after making necessary inquiry under Section 200/202 Cr.P.C., took cognizance of the offences under Section 341/323/34 IPC against the petitioners.;

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