P.K. Musahary, J.

1. Heard Mr. S.C. Biswas Learned Counsel for the accused/appellant. Heard also Mr. B.B. Gogoi learned Addl. P.P., Assam.

2. This appeal has been represented against the judgment and order dated 30.9.2003 passed by Ad hoc Additional Sessions Judge No. 1 Kamrup, Guwahati, in sessions Case No. 80(K) of 1999 under Section 325, IPC convicting the accused/appellants and sentencing him to under go simple imprisonment for 3 (three) years and to pay fine of Rs. 3000 and in default to undergo for SI for another 6 (six) months for his conviction under Section 325, IPC.

3. The story projected by the prosecution is that an FIR was lodged at Kukurmara Patrol post on 10.3.1998, by one Sri Bhupen Kalita informing the police that on 9.3.1998 at about 2 p.m. at village Jiakur, the accused/appellant, Sri Dhaneswar Medhi, after entering in to the campus of Sri Dharma Medhi, assaulted the latter's wife Smt. Harumala Medhi and caused grievous hurt to her. On receipt of the FIR a crime, being Chhaygaon P.S. Case No. 50 of 1998 was registered under Section 447/325/307, IPC. After completion of the investigation the police laid charge sheet against the accused/appellant under Section 447/323/307, IPC and subsequently, charge was framed under Section 307, IPC against the accused/appellant, who pleaded not guilty and claimed to be tried.

4. The prosecution, in order to bring home the charge against the accused/appellant, examined 8 (eight) witnesses including the Investigating Officer and the Medical Officer. After trial and on hearing the Learned Counsel for the parties, the learned trial court convicted and sentenced the accused/appellant as mentioned earlier.

5. The victim woman was examined as PW5. Maintaining the allegation made in the FIR, she deposed before the learned trial court that on 9.3.1998, while she was taking lunch inside the house, the accused/appellant came to the campus and called her out to the courtyard and dealt blow on her face with shoes. She sustained injury on her teeth and 5 (five) of her teeth became shaky from where active blood was oozing out. She was also fainted and was shifted to Chhaygaon CHC and thereafter she was referred to Regional Dental College, Guwahati, for further treatment. Where she took treatment for 17 days and five of her teeth were extracted for which she could not take meal properly.

6. There is no eye-witnesses to the alleged incidence that took place inside the house. However, the Medical Officer Dr. Paresh Sarma was examined as PW8. He stated that he examined the victim woman, PW7 and prepared a report. The said medical report was proved by him and marked as Ext. 4. The said medical report Ext. 4 is reproduced below:

Date Time and Place of examination:

9.3.1998, 4 p.m., Chhaygaon CHC. She was hit by some person over her lips

OLE (1) active bleeding from root of:

(a) 1st 2nd incisor of lower jaw or both side

(b) 1st 2nd incisor of Rt. side and 1st incisor as Lt. Side of upper jaw

(2) Laceration over gum of all incisor of upper and lower jaw.

(3) Swelling (Bruse) of both upper and lower lips (involving all portras of upper and lower lips).

She was advised to proceed to Regional Dental Collage, Guwahati as there is adduce bleeding from gums and to rule out possible dislocation of the teeth.

IMP: Comments on injuries over the gums and teeth could not be made. But the injury over the lips are simple and appeared to have caused by blunt object.

7. In his oral evidence the Medical Officer has stated due to non-availability of the X-ray report he could not ascertain the nature of the injury of the gum and the teeth, He also stated that, the injuries might be caused by dashing against a standing hard object like wall, post, etc., at running state. In his deposition, PW8 also stated that he failed to give comment on the nature of injury over the teeth and gum but injuries over the lips are simple which were caused by blunt weapons.

8. If the evidence of the victim woman is read with the evidence of th