- (1.) This appeal is directed against the judgment and order, dated 23-08- 2003, passed, in Sessions Case No. 148(T)/2002, by the learned Additional Sessions Judge No. II, Tinsukia, convicting the accused-appellants under Section 325 read with Section 34 IPC and sentencing each one of them to undergo simple imprisonment for three years with fine of Rs.500/- and, in default of payment of fine, suffer simple imprisonment for a further period of 30 days.
(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out thus: (i) On 08-03-2001, at about 9.20 pm, four accused persons, namely, Mahesh Prasad Singh (since deceased), Jay Ram Singh, Harendra Prasad Shah and Rajesh Prasad, along with other two unknown persons, caught hold of Ram Raj Prasad (PW4), while he was returning from market, and assaulted him by means of iron rod and lathis causing injuries on the person of Ram Raj Prasad, including fracture of both bones of his left forearm and fracture of his right patella (knee joint). On being informed that Ram Raj Prasad had been assaulted and was lying injured, his wife (PW1) and his neighbours came to the place of occurrence, found Ram Raj Prasad lying injured at the place of occurrence, the injured reported to them the names of those, who had assaulted and injured him. The injured was first taken to one Dr. Sharma's hospital and from the said hospital, he was taken to Assam Medical College and Hospital, Dibrugarh, and, upon treatment and discharge therefrom, he was shifted to, and treated at, Archana Nursing Home and he was discharged from there after about three weeks. (ii) On an Ejahar, in writing, being lodged, with regard to the occurrence, at Tinsukia Police Station, by the wife of the informant a case was registered against the accused aforementioned, under Sections 147/148/149/307/325/341/34 IPC, and on completion of investigation, police laid charge-sheet, against the four accused aforementioned, under Sections 325/307/34 IPC.
(3.) During trial, when a charge, under Sections 307 read with Section 34 IPC, was framed, all the accused aforementioned pleaded not guilty thereto.;