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2018 Supreme(Gau) 778

AJIT BORTHAKUR
Ganesh Jangre, S/o Late Gobardhan Jangre – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Sarmah, Mr. D. Das, Md. A. Hussain
For the Respondent: Mr. P.S. Lahkar, Addl. P.P.

Judgement Key Points

Based on the provided legal document, here are the key points:

  1. The appellant, Ganesh Jangre, was convicted for causing injuries to the injured, Jiten Harijan, by means of a sharp cutting weapon, specifically a ‘khukuri’ (!) (!) (!) .

  2. The injuries sustained by the victim included multiple cut wounds, including the loss of four fingers of his left hand, which were supported by medical examination and evidence (!) (!) .

  3. The court found the evidence of witnesses, including the injured and those present at the scene, to be credible and consistent, establishing the identity of the appellant as the assailant beyond all reasonable doubt (!) (!) .

  4. The incident occurred during the night, in darkness, but the victim and witnesses were able to identify the appellant due to prior familiarity and conversation before the assault (!) (!) .

  5. The appellant’s statement under Section 313 Cr.P.C. acknowledged the occurrence but stated it happened in darkness, with the appellant being known to the victims beforehand, reinforcing their identification (!) .

  6. The initial conviction was under Section 326 IPC for causing grievous hurt, but on appeal, the conviction was modified to Section 324 IPC, reflecting that the injuries, while caused by a sharp weapon, did not meet the criteria for grievous hurt as defined by law (!) .

  7. The court observed that the injuries, although serious, did not necessarily qualify as grievous hurt because they did not endanger life or cause severe bodily pain for twenty days, nor did they cause permanent disfigurement or impairment, based on the medical evidence (!) (!) .

  8. The appellant was sentenced to undergo rigorous imprisonment for one year, with a fine of Rs.10,000/-, and in default, to undergo additional imprisonment. Additionally, a fine of Rs.500 was imposed under Section 341 IPC, with the default penalty of imprisonment (!) (!) .

  9. The fine amount, if collected, is to be paid to the injured victim, Jiten Harijan, under applicable legal provisions (!) .

  10. The appeal was partly allowed, and the original conviction was modified accordingly, with directions for the payment of fines and the return of the lower court records (!) .

This summary encapsulates the legal reasoning, factual findings, and the final judgment as reflected in the document.


JUDGMENT & ORDER :

Heard Mr. K. Sarmah, learned counsel for the appellant and Mr. P. S. Lahkar, learned Addl. P.P. for State respondent.

2. Perused the case records.

3. This long pending appeal of 2010, under Section 374(2) Cr.P.C. has been preferred against the judgment and order, dated 31.03.2010, passed by the learned Additional Sessions Judge, FTC, Biswanath Chariali, Sonitpur, Assam in Sessions Case No. 220/2008 (arising out of GR Case No. 276/2008), whereby the accused/appellant has been convicted and sentenced to undergo simple imprisonment for 1 (one) month under Section 341 IPC and also to suffer rigorous imprisonment for 2 ½ (two and a half) years and a fine of Rs. 5,000/- (five thousand only), in default to undergo rigorous imprisonment for 60 (sixty) days, under Section 326 IPC.

4. The appellant’s case precisely is that one Uma Harijan, son of Late Harilal Harijan, a resident of Chandmari Bengali Gaon, under Helem Police Station, Sonitpur, lodged an FIR on 22.05.2008, with the Officer-in-Charge of the said Police Station alleging that on 21.05.2008, Wednesday at about 07:30 pm, while his nephew Jiten Harijan was going back home from Kauripathar Centre, after buying medicine




















































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