The identification of the appellant as the assailant and the established nature of injuries confirm convictions under Sections 394 and 324 IPC despite acquittal of attempted murder.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1.Heard Mr. M U Mahmud, learned counsel for the appellant and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondents.

2. The present appeal has been instituted by the appellant assailing the judgment and order dated 04.07.2013 passed by the Court of learned Assistant Sessions Judge, Bongaigaon, in Sessions Case No. 28(B)/2010, convicting and sentencing the appellant, herein, under Sections 394 /324 IPC .

3. The prosecution case in brief is that on 23.11.2006, the informant, Subash Das lodged an FIR before the Officer-in-Charge, Bijni Police Station, alleging, inter-alia, therein that on 22.11.2006 at about 5:00 PM, the accused persons, Chandra Das (appellant, herein), Dipen Karmakar and Jitu Sutradhar had hired his Maruti car, bearing registration No. AS-15A- 1988 from Barpeta Road to proceed to Bongaigaon. On the way back at Sialmari, on NH-31, the accused persons with the intent to kill the driver, stabbed him with sharp cutting weapon and fled away with the car. It was further stated in the FIR that the accused persons were later on apprehended by Sorbhog Police Station, when the vehicle met with an accident near Rupashi High School.

Police on receipt of the said FIR, registered the same as Bijni P.S. Case No. 127/2006 under Sections 394 /307 IPC .

On conclusion of the investigation, police laid a charge-sheet against the appellant, herein and two other accused, named in the FIR. The matter on being committed to the Court of learned Sessions Judge, Bongaigaon, the same was transferred to the Court of the learned Assistant Sessions Judge, Bongaigaon for trial.

The trial Court framed a charge under Sections 394 /307 IPC . The charge on being read over and explained to the appellant, herein, he pleaded not guilty. At this stage, it is to be noted that the other two co-accused, being juveniles, were not proceeded against in the trial along with the appellant, herein.

During the trial, the prosecution examined 7 witnesses and thereafter, the appellant, herein, was examined under Section 313 Cr.P.C.

On conclusion of the trial, the learned Trial Court upon appreciating of the evidences coming on record, proceeded vide judgment dated 04.07.2013 to acquit the appellant, herein, from the charge framed against him under Section 307 IPC . The appellant was convicted under Sections 394 /324 . On his such conviction, the appellant was sentenced to undergo Rigorous Imprisonment for 3 (three) years along with payment of fine of Rs.1,000/- (Rupees One Thousand), in default, further Rigorous Imprisonment for another 1 (one) month for the offence under Section 394 . The appellant was further sentenced to undergo Rigorous Imprisonment for 1 (one) year and to pay a fine of Rs.500/- (Rupees Five hundred), in default, to undergo Rigorous Imprisonment for another 1 (one) month under Section 324 .

Being aggrieved, the appellant, herein, has instituted the present proceedings.

4. Mr. M U Mahmud, learned counsel for the appellant, by referring to the evidence adduced by PW3 during the trial, has submitted that the evidence, so adduced, would reveal that PW3, i.e., the driver of the vehicle had sustained stab injuries and accordingly, his clothes would be stained with blood, however, police had not forwarded the wearing apparel of the appellant for forensic examination. He further submitted that the driver had not identified the appellant to be the aggressor in the matter and accordingly, from the evidences coming on record, it was not established beyond reasonable doubt that it