JUDGMENT :

1. Heard Mr. M. Nath, learned counsel for the accused-appellant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent.

2. This is an appeal under Section 374 Cr.P.C. preferred by the accused/appellant against the judgment and order dated 30.03.2011 passed by the ld. Sessions Judge, Karimganj in Sessions Case No. 63/2008, whereby the accused/appellant was convicted to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-in default stipulation, under Section 323 IPC.

3. The brief facts of the case is that on 22.10.2007, Md. Ahiya Ahmed lodged an FIR before the O/C, Ratabari police station stating interalia that accused/appellant Mongal Singh @ Mangal Singh used to commute by breaking the boundary fence of their premises and his younger brother used to resist him and out of grudge, on 20.10.2007 at about 6 p.m., the accused/appellant came to the river bank near the playground of Chamtilla village, where his younger brother Md. Ashik Ahmed was defecating and abused him by using filthy language and also the accused assaulted him with an iron rod causing injuries on his head and other parts of his body. Upon hearing scr