Decided on November 29,2018

Md Mukut Ali Son Of Late Hussain Ali Appellant
STATE OF ASSAM Respondents


Rumi Kumari Phukan, J. - (1.) Heard Mr. A Khaleque, learned counsel for the appellant and Mr. P S Lahkar, learned Additional Public Prosecutor. None appears for respondent no.2.
(2.) Prosecution case in brief is that on 6.3.2012 at about 5:45 PM, Mukut Ali armed with a dao entered the house of Amir Hussain alias Lora and gave several cut blows to him resulting severe injuries on his person. Hearing his hue and cry neighbouring people arrived and he was immediately taken to a nearby hospital for treatment then to Gauhati Medical College Hospital. On being informed about the matter, the sister of the injured Smt. Aklima Begum lodged an FIR with the officerin-charge of Nagaon PS and also stated that the accused took away Rs 2 lakh from the house of the injured after the incident. Based on the said FIR Nagaon PS case No. 321/2012 u/s 448/326/307/379 of the IPC was registered and later the accused also surrendered before the police when he was arrested.
(3.) During the course of investigation the IO visited the place of occurrence, seized a dao from the possession of the accused, collected the injury report and after completion of investigation submitted charge sheet against the accused u/s 448/326/307 of the IPC. The offence being triable by the learned Sessions Judge the case was committed to him. The learned trial court after hearing both parties framed charges u/s 448/326/307/387 of the IPC and the accused denied the charges Prosecution examined thirteen witnesses in support of the charge and the defence also examined three witnesses. Accused was examined u/s 313 of the CrPC, and at the conclusion of trial the learned trial court held the accused guilty u/s 448/326/307 of the IPC and acquitted him of the charge u/s 387 of the IPC on benefit of doubt and sentenced him to r/i for one year u/s 448 of the Code and r/i for five years with a fine of Rs 5,000 and in default to r/i for one year u/s 326 of the IPC and r/i for seven years with a fine of Rs 5,000 and in default to r/i for one year u/s 307 of the IPC with further direction that the fine amount if realised be paid to the injured Amir Hussain as compensation.;

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