1. This is a Criminal Revision Petition, filed under Section 397 of the Cr.PC, challenging the legality and propriety of the judgment and order, dated 08.10.2007, passed by the learned Additional Sessions Judge, Fast Track Court, Cachar, Silchar, in Criminal Appeal No.11/2007 dismissing the appeal and upholding the judgment and order, dated 11.07.2007, passed by the learned Chief Judicial Magistrate, Cachar, Silchar, in GR Case No.1838/2001, sentencing the accused petitioner to undergo Rigorous Imprisonment for 3 (three) years and to pay a fine of Rs. 1,000/- , and in default, Rigorous Imprisonment for 3 (three) months under Section 326 of the IPC.

2. Heard Mr. IH Laskar, learned counsel for the revision petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

3. The case of the prosecution is that, on 19.07.2001, at about 7 pm, the injured Subhash Kairi went to visit his kitchen garden. There he was attacked by the accused/petitioner Ashish Kairi and Ramdulal Kairi, voluntarily causing grievous hurt to the person of Subhash Kairi by a sharp cutting weapon. The victim raised hue and cry, following which, nearby people assembled there and the accused petitioner fled away from the place of occurrence. The victim was taken to Silchar Medical College and Hospital, where he had undergone medical treatment for 1 month and 17 days. Thereafter, his brother lodged the FIR stating therein the cause of delay in filing the FIR. The cause of delay in filing the FIR was attributed to the fact that the informant was busy in medical treatment of his brother/injured.

4. On receipt of the FIR, on the above fact, the Dholai Police Station registered a case, being Dholai Police Station Case No. 134/2001, under Section 326 of the IPC. The Police arrested the accused petitioner, forwarded him to judicial custody, and after completion of the investigation, submitted charge-sheet against the accused petitioner, Ashish Kairi, under Section 326 of the IPC. On appearance of the accused petitioner, a formal charge under Section 326 of the IPC was framed by the learned Trial Court, to which the accused petitioner pleaded innocence.

5. In this case, the prosecution examined as many as 6 (six) witnesses, including the injured/victim and the Investigating Police Officer as well as the Doctor.

6. After closure of the prosecution witnesses, the statement of the accused petitioner was recorded under Section 313 of the Cr.PC. In his such statement, he appears to have denied the accusation levelled against him and rather pleaded innocence.

7. The learned Trial Court framed a point for determination, whether the accused petitioner Ashish Kairi, voluntarily caused grievous injuries to the person of Subhash Kairi/injured with a sharp cutting weapon.

8. In the instant case, the PW4, being the injured, is the most vital witness. PW4 is the vital witness also on the ground that the other witnesses appeared at the place of occurrence, only after hearing the alarm raised by the him, and therefore, in the facts and circumstances of the case, PW4/injured is the witness, who can speak about the truth in respect of the prosecution case. Other non-official witnesses, examined by the prosecution can speak about the subsequent happenings in the case and as to the state in which the injured/PW4 was found by them.

9. The evidence of the PW4 makes it appear that he went to his kitchen garden at about 7:30 pm on the date of occurrence. The accused petitioner suddenly appeared there with a dao in his hand and attempted to inflict a dao blow on his person, which the PW4 resisted by his left hand, resulting the blow falling on his palm and adjoining finger area of his left hand.

10. The learned Trial Court also noticed, on being exhibited, the little finger of the accused petitioner severed. The evidence of the PW4 also reveals that nearby people assembled at the place of occurrence, after hearing the alarm raised by him, an