The testimony of injured witnesses is accorded greater evidentiary value, and the prosecution must establish guilt beyond reasonable doubt, even if minor contradictions exist.

JUDGMENT :

MITALI THAKURIA, J.

Heard Mr. S. Borthakur, learned counsel for the appellant. Also heard Mr.R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. T. Sarkar, learned counsel for the respondent No. 2.

2. This is an appeal under Section 374/389 of the Code of Criminal Procedure, 1973 against the judgment and order dated 16.07.2021, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 11/2019, under Sections 457/326/307 of the Indian Penal Code, corresponding to PRC No. 750/2018 (GR No. 4997/2017) and Dhubri P.S. Case No. 1437/2017, whereby the appellant has been sentenced to suffer R.I. for 7 (seven) years and to pay fine of Rs. 50,000/- (Rupees fifty thousand) only, in default of payment of fine, R.I. for 1 (one) year of the offence under Section 326 of the Indian Penal Code and also to suffer R.I. for 5 (five) years and to pay fine of Rs. 25,000/- (Rupees twenty five thousand) only, in default of payment of fine, R.I. for 1 (one) year for the offence under Section 457 of the Indian Penal Code and further directed that both the sentences to be run concurrently.

3. The prosecution case, in brief, is that on 06.12.2017, one Shri Nilkanta Ray, lodged an F.I.R. before the I/C Soulmari Police Petrol Post, which was subsequently forwarded to the Officer-In-Charge-Dhubri Police Station, alleging that on the night of 05.12.2017, at about 3.00 a.m., the accused- Dhanu Ray forcefully entered the house of the brother of informant, Shri Ramesh Chandra Ray, by cutting the bamboo wall of his house and inflicted severe injury by a sharp dao to him, his wife and his son. Thereafter, on hearing hue and cry made by them, the village people arrived there and found them in moribund condition and with the help of police, they took the injured to Dhubri Civil Hospital for undergoing treatment. Upon receipt of the said F.I.R., the Officer-In-Charge, Dhubri Police Station registered a case, being Dhubri P.S. Case No. 1437/2021, under Sections 457/427/326/307, and started investigation. During investigation, the I.O. visited the place of occurrence, drawn the sketch map, recorded the statement of the witnesses and also collected the medical report.

4. Thereafter, on completion of investigation, the I.O. laid Charge-Sheet against the present accused/appellant before the learned Sessions Judge, Dhubri on 31.05.2018 under Sections 447/324/326/307 of IPC. Accordingly, the learned Sessions Judge, Dhubri, after considering the materials available on record and also finding prima facie case, framed charge against the present accused/appellant under the aforesaid Sections. The charges were read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.

5. During the trial of the case, the prosecution examined as many as 11 (eleven) numbers of witnesses including the I.O. and the Medical Officer. The accused was also examined under Section 313 Cr.P.C. Thereafter, the learned Sessions Judge, Dhubri, after hearing the parties and on perusal of the materials available on records, vide judgment & order dated 16.07.2021, in Sessions Case No. 11/2019, convicted the accused/appellant under Sections 326/457 of the Indian Penal Code and sentenced him, as aforesaid.

6. On being aggrieved and dissatisfied with the aforesaid impugned judgment and order dated 16.07.2021, passed by the learned Sessions Judge, Dhubri in Sessions Case No. 11/2019, under Sections 457/326/307 of the Indian Penal Code, the present appeal has been preferred by the accused/appellant from jail.

7. Mr. Borthakur, learned counsel for the appellant, submitted that the learned Trial Court below had failed to appreciate the evidence in its true perspective and thus came to an erroneous finding of guilt of the accused/appellant. The prosecution also failed to establish any motive on the part of the accused/ appellant regarding his alleged house trespass on 05.12.2017, at around 3.00 a.m., in the dwelling house