Crl.Rev.P. 137/2007. Gauhati High Court
| Case Number | Crl.Rev.P. 137/2007 |
| Judgement Date | February 15, 2019 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT
(The High Court of Assam : Nagaland: Mizoram and Arunachal Pradesh)
Crl. Rev. P. 137/ 2007
Ripon Mollah,
son of I dris Mollah,
resident of village Kazipur, under Mankachar Police Station in the district of Dhubri, Assam
.......Pet it ioner
- Ver su s-
State of Assam
BEFORE
THE HON’BLE MR. JUSTI CE PARAN KUMAR PHUKAN
For the Petitioner : Mr. B.M. Choudhury, Advocate
For the Respondent : Mr. N.K. Kalita, Addl. P.P.
Date of hearing : 15.02.2017
Date of judgement : 15.02.2017
.........Respon den t
JUDGEMENT AND ORDER (ORAL)
This revision is directed against the judgment and order dated 23.03.2007 passed by the learned Addl. Sessions Judge, Dhubri in Crl. Appeal No. 7 (4)/ 2006 affirming the judgment and order dated 02.11.2006 passed by the learned Judicial Magistrate 1st Class, Dhubri in G.R. Case No. 30/ 2001 convicting the accused petitioner under section 326 of the I PC and sentencing him to rigorous imprisonment for 3 years and to pay fine of Rs. 5,000/ -, in default, to suffer imprisonment for 3 months. However, the learned Sessions Judge, although maintained the conviction of the accused petitioner under section 326 I PC but, reduced the sentence of imprisonment to 2 years without interfering with the fine imposed against the accused petitioner by the trial court.
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The case projected by the prosecution, sans unnecessary details, is that on 17.03.2001 at about 6.30 AM at Kalapani under Mankachar Police Station in the Dhubri district, the accused petitioner Ripon Mollah along with others caused grievous injuries on the stomach of Momin Hussain with a dagger. Mankachar Police Station Case No. 30/ 2001 was registered on the basis of the FI R lodged by the father of the victim. The I nvestigating Officer submitted charge sheet against the accused Ripon Mollah, Abdul Mannan and Sahinur under sections 326/ 506/ 34 of the I PC.
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The learned trial court convicted the accused petitioner under section 326 of the I PC and sentenced him to undergo imprisonment and to pay fine as stated above. The judgment of the trial court was affirmed in appeal by the learned Sessions Judge, Dhubri with reduction of sentence to 2 years from 3 years.
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Heard Mr. B.M. Choudhury, learned counsel appearing for the petitioner and Mr. N.K. Kalita, learned Addl. Public Prosecutor, Assam.
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I nviting my attention to the impugned judgment the learned Addl. Public Prosecutor submits that there was concurrent finding of facts by the learned courts...
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