The unshaken evidence of the victim and his family members, along with medical evidence, is crucial in establishing guilt in criminal cases.

I.A. Ansari, J.

1. This revision is directed against the judgment and order, dated 31.08.2004, passed by the learned Sessions Judge, Cachar, Silchar, in Crl. Appeal No. 13(1)/2004, upholding the conviction of the accused-petitioner, under Sections 457 and 324 of the IPC, passed, under the judgment and order, dated 19.02.2004, of the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in G.R. Case No. 1549/1999. However, the learned Appellate Court modified the sentence passed against the accused-petitioner, for his conviction under Section 457 IPC, by directing him to undergo rigorous imprisonment for 6 months and pay fine of Rs.5,000/- and, in default, to undergo rigorous imprisonment for 15 days; whereas, the learned trial Court had sentenced the accused-petitioner, for his conviction under Section 457 IPC, to undergo rigorous imprisonment for 2 years and to pay fine of Rs.1,000/- and, in default, to undergo rigorous imprisonment for 3 months. Similarly, the learned Appellate Court reduced the sentence passed by the learned trial Court, against the accused-appellant, for his conviction under Section 324 IPC, inasmuch as the learned Appellate Court sentenced the accused-appellant, for his conviction under Section 324 IPC, to undergo rigorous imprisonment for 3 months; whereas the learned trial Court had sentenced him, for his conviction under Section 324 IPC, to undergo rigorous imprisonment for 6 months. However, both the sentences were directed by the learned appellate Court as well as the learned trial Court to run concurrently making it clear that in the event of realization of fine, the amount, realized as fine, shall be paid to the victim as compensation. With the modification, so made, as described hereinbefore, in the sentences passed against the accused-petitioner, as the appeal has been dismissed, the accused-petitioner is, now, before this Court with this revision. I have heard Mr. A.S. Choudhury, learned counsel for the accused-petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam.

2. The case of the prosecution may, in brief, be described thus:

On 27.05.1999, at about 3-00 a.m., when PW2 was lying asleep in his room, the accused entered into the house by cutting the rope, with which the door of the house was tied closed, and gave a blow, by means of a dagger, on the abdomen of PW2 just above the navel. On receiving the blow, PW2 cried out in pain and tried to catch hold of the accused, but the accused ran away. However, when the accused was running away, he was recognized by the inmates of the house. An Ejahar was lodged by PW1 (i.e., father of PW2) with regard the occurrence, on 28.05.1999, at Katigorah Police Station. Based on this Ejahar and treating the same as First Information Report (in short, 'FIR'), Katigorah Police Station Case No. 139/1999, under Section 457 read with Section 324 IPC was registered. The injured was medically treated and, on completion of investigation, a charge-sheet was laid against the accused under Section 457 read with Section 324 IPC.

3. During trial, when charges under Section 457 and 324 IPC were framed against the accused-petitioner, the accused-petitioner pleaded not guilty thereto.

4. In support of their case, prosecution examined altogether 6 (six) witnesses. The accused was, then, examined under Section 313 CrPC and, in the examination aforementioned, he denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence.

5. At the end of the trial, the learned trial Court, having found the accused guilty of the offences charged with, convicted him accordingly and passed sentences against him as mentioned above. Aggrieved by his conviction and the sentences passed against him, the accused preferred an appeal, which has been dismissed by the learned appellate Court by modifying the sentences as mentioned above.

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