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