Heard Mr. T.C. Khatri, learned Senior counsel, assisted by Mr. A.K. Ray, learned counsel for the convict petitioner. Also heard Mr. K. Munir, learned Additional P.P., Assam, appearing for the State respondent.

2. The present accused petitioner was convicted u/s 326 IPC and sentenced to undergo R.I. for two years and to pay a fine of Rs. 500/- in default, S.I. for one month vide judgment dated 17.7.04 passed by the learned Additional Chief Judicial Magistrate in GR Case No. 941/2003. His appeal, being Crl. Appeal No. 44(3)/04, was dismissed vide judgment dated 31.8.04 passed by the learned Additional Sessions Judge No. 2, Tinsukia by upholding the conviction and sentence passed by the learned trial court. The present petition has been filed against the aforesaid judgment of conviction and sentence.

3. Briefly stated, the prosecution case is that one Sri Binod Kakoti filed an ejahar before the Panitola Police Outpost stating that on 9.11.03 when Sri Jiban Kakoti, son of late Rajen Kakoti, was returning to his house after attending a feast organized by Naharani Janakalyan Sangha, he was stabbed by the accused petitioner and accordingly a crime being Tinsukia P.S. Case No. 378 u/s 341/32

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