IMPORTANT POINT
The court upheld the conviction under Section 324 IPC, establishing that the accused inflicted injuries on the victim, corroborated by eyewitness and medical evidence.

JUDGMENT :

1. As none appeared for the appellant, when the matter was called for hearing on 04.11.2024, Mr. S Nawaz, learned counsel was appointed as Amicus Curiae. The matter was again listed on 20.11.2024, 26.11.2024, 27.11.2024, 03.12.2024 and 04.12.2024 and in the aforesaid dates, none of the learned counsel for the appellant whose names are reflected in the cause list was present before the court. Accordingly, this court has heard Mr. S Nawaz, learned Amicus Curiae. Also heard Mr. P Borthakur, learned Addl. PP, Assam.

2. This appeal under section 374(2) Cr.P.C is filed against the impugned judgment dated 19.07.2012, passed by the learned Addl. Sessions Judge, FTC, Cachar at Silchar in Sessions Case No.38/2007, whereby the appellant was convicted under section 324 IPC and was sentenced to undergo Rigorous Imprisonment of two years and fine of Rs.10,000/- and in default rigorous imprisonment of six months.

3. The prosecution was launched on the basis of an FIR, which was registered as Barkhala PS Case No.207/2005, under sections 326/307 IPC.

4. The prosecution case, in brief, is that on 22.12.2005 at about 6.00 am, accused Parimal Nath with an attempt to commit murder, gave an axe blow on the neck and forehead of victim Sekhar Bijoy Nath, as a result, the victim sustained severe injuries on his person.

5. After completion of the investigation, the investigating authority submitted charge sheet under sections 326/324/307 IPC. The offence being Sessions triable, the Jurisdictional Magistrate committed the matter to the court of learned Sessions Judge, Silchar, who in turn transferred the matter for trial before the learned Addl. Sessions Judge, Cachar, Silchar. Charges were framed under sections 324/326/307 IPC and when the appellant pleaded not guilty, the matter went for trial.

6. The prosecution examined as many as 11 witnesses to bring home the charges. The statement of the accused under section 313 Cr.P.C was recorded. However, defence did not examine any witness.

7. After considering the materials available on record and appreciating the same, the learned trial court held the appellant guilty under section 324 IPC and accordingly, he was sentenced to undergo the imprisonment as recorded hereinabove. Being aggrieved, the present appeal is preferred.

8. Before recording the submission of the learned counsel for the parties, let this court first record all the depositions of the witnesses.

I. PW-1 Sankar Bijoy Nath deposed in his evidence that he knows the accused. The incident took place on 22.12.2005 at around 6:45 a.m. One Pratyush Nath came to his house and informed him that Parimal Nath had attacked his brother Sekhar Bijoy Nath with an axe and grievously injured him. As he came out of the house, he saw a car (van) taking his injured brother from the place of occurrence at Nimatabari to Jarailtola Market. He immediately took his brother to the police station. The axe was also taken to the police station and the same was kept in the police station and they were sent to the hospital. Considering the injuries sustained by his brother, the doctor at the hospital sent them along with the police to Silchar Medical College and Hospital. At that time, his brother was unconscious and he regained consciousness that very day and then his brother said that Parimal had hit his brother with an axe and injured him. That evening, he lodged a written ejahar. PW-1 in his cross examination denied the suggestion put to him that Pratyush Nath came to his house and stated that Parimal had attacked his brother with an axe and caused grievous injuries to him. He further deposed that he lodged the FIR at around 8 o’clock in the night and denied the suggestion that was put to him that the Material Exhibit – 1 belongs to him and he handed it over to the police in order to concoct a case. He further denied the suggestion that the accused Parimal did not assault his brother, Shekhar in any way and because of an old enmity, he had concocted a fake case aga