KHAGEN KONCH S/O LT GANDHESWAR KONCH Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Khagen Konch S/O Lt Gandheswar Konch
STATE OF ASSAM
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Mir Alfaz Ali, -
(1.) This revision petition is directed against the judgment and order dated 30.04.2010, passed by the learned Sessions Judge, Dhemaji, in Crl.A. No. 20(4)/2009. By the said judgment, the learned Sessions Judge, dismissing the appeal filed by the petitioner, upheld the judgment and order dated 07.11.2009 passed in GR Case No. 139/2007, whereby the learned CJM, convicted the petitioner under Section 325 IPC and sentenced him to rigorous imprisonment for two year and fine of Rs. 1000/- with default stipulation.
(2.) As per prosecution case, on 04.03.2007, a pair of buffalo belonging to the informant was missing from the grazing field. Having come to know that the accused/petitioner kept the buffalo confined, the injured Baikuntha Hazarika went to the house of the petitioner to enquire about the buffalo. When the injured enquired with the accused petitioner about the buffalo, he assaulted him with stick causing serious injury in his head. Immediately, he was shifted to hospital and the PW-1, the elder brother of the injured lodged the FIR, Ext.-1. On the basis of the said FIR, police registered a case and after usual investigation, submitted charge sheet against the present petitioner under Section 325 IPC and eventually he stood trial.
(3.) In course of trial, learned CJM, Dhemaji framed charge against the present petitioner under Section 325 IPC, to which he pleaded not guilty. Seven witnesses were examined by the prosecution to establish the charge. The injured was examined as Court Witness (CW) and on appreciation of evidence, learned Trial Court convicted the petitioner under Section 325 IPC and awarded sentence as indicated above.;
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