GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. M. K. Sharma, learned counsel appearing for the revision petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam appearing for the respondents.

2. By way of this application under Section 397 of the Code of Criminal Procedure, 1973 read with Section 401 of the said Code the petitioner is assailing the impugned judgment and order dated 27.10.2014 passed by the learned Sessions Judge, Kamrup (R), Amingaon in Criminal Appeal No.29/2014 upholding the judgment and order dated 26.06.2014 passed by the learned SDJM(M), Rangia in G.R. Case No.138/2009 whereby the accused/petitioner was convicted under Section 326 of the Indian Penal Code and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for a period of one month.

3. The prosecution case, in brief, is that on 15.02.2009 one Sri Madan Das had lodged an F.I.R. before the Officer-in-Charge of Rangia Police Station alleging inter-alia that the accused/petitioner and his brother wrongfully restrained the informant's brother (PW-1) and caused grievous hurt upon him and to that effect the police have been requested to take action against them. Accordingly, a case was registered. Thereafter, upon completion of investigation, the police submitted charge-sheet against the accused/petitioner and the co-accused under Sections 341/326/294/506/34 IPC.

4. Upon trial being commenced, as many as 8 witnesses have been examined by the prosecution side and they have also been cross-examined by the defence. The accused/petitioner and the co-accused were thereafter examined under Section 313 Cr.P.C wherein the defence case is of total denial. However, the accused/petitioner examined none in support of their defence.

5. Thereafter, upon perusing the materials on record the learned SDJM(M), Rangia delivered the impugned judgment and order dated 26.06.2014 whereby though the co-accused was acquitted of the charges, however, the accused/petitioner has been found guilty under Section 326 IPC and accordingly convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for a period of one month. Aggrieved by the aforesaid conviction and sentence, an appeal was preferred. However, the learned Appellate Court after analyzing the evidence on record by judgment and order dated 27.10.2014 was pleased to dismiss the same. Situated thus, the present revision petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9fmyRUJlCU%2FCaHhj4%2Fndw5RytY80yHDeZogbaG9PTROH&caseno=Crl.Rev.P./525/2014&cCode=1&cino=GAHC010020272014&state_code=6&appFlag=)

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