The evidence of injured witnesses is credible and corroborated by medical evidence, affirming the conviction under IPC sections despite minor discrepancies in testimonies.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

Heard Mr. P. Bora, learned counsel for the appellants. Also heard Mr.S. Bikash, learned counsel for respondent No. 2 and Ms. S.H. Bora, learned Additional Public Prosecutor for the State.

2. This appeal is directed against the Judgment and Order dated 29.09.2018 passed by the learned Addl. Session Judge, Bilasipara in Sessions Case No. 222/2011 convicting the appellants/accused u/s 323/324/325/34 IPC and sentencing the appellants/accused persons to pay fine of Rs. 500/- each i/d 1 month simple imprisonment u/s 323 IPC and further sentenced to undergo 1 year RI and to pay a fine of Rs. 2000/- each i/d 2 months SI u/s 324 IPC and further sentenced to undergo 2 years RI and to pay a fine of Rs. 10,000/- each i/d 6 months SI u/s 325 IPC.

3. That the prosecution case in brief is that on 04.11.2008 at about 6 am informant Najrul Haque's brother-in-law Jabrul Haque went near a pond at the backside of his house to answer nature's call. At about that time, all the accused persons mentioned in the ejahar, namely, Ali Hussain, Rajiul Haque, Fakaruddin, Fatema Bibi, Monowara Bibi @ Monera Bibi and Nur Jahan armed with deadly weapons such as khukri, dao, stick etc. attacked Jabrul Haque and caused grievous injury at various parts of his body and also broke the hand and teeth of Jabrul Haque. Hearing the hue and cry, when wife and daughter of Jabrul Haque went to the place of occurrence, the accused persons named in the ejahar also attacked them and caused injuries to them. Thereafter, the injured persons were taken to the Sapatgram hospital and from there they were taken to Dhubri Civil Hospital.

4. That a formal ejahar dated 05.11.2008 was lodged by Najrul Haque which was registered and numbered as Bilasipara P.S. Case No. 288/08 u/s 147/149/326/307 of the IPC. On receipt of the said ejahar, the police swung into action and after completion of the Investigation, I.O submitted charge sheet against all the accused persons whose names have been mentioned in the ejahar u/s 147/149/323/324/325/307 of the IPC. On receipt of the charge sheet, the then learned SDJM (M) Bilasipara took cognizance and after furnishing necessary copies to the accused persons committed the case before learned Sessions Judge, Dhubri for trial and Ld. Sessions Judge, Dhubri made over the case to the Court of learned Assistant Sessions Judge, Dhubri. Then the learned Assistant Sessions Judge, Dhubri after hearing the learned counsel for both the sides and perusal of the material on record framed charges u/s 323/324/325/307/149 of IPC against all the accused persons named in the ejahar and when charges were read and explained to them, they pleaded not guilty and claimed to be tried.

5. During the trial, prosecution examined as many as 10 witnesses and after closure of prosecution evidence the statements of all the accused persons were recorded under Section 313 CrPC, wherein the accused persons denied the charges against them, but declined to adduce any evidence. Upon conclusion of the trial and after hearing, the learned Trial Court convicted the present appellants as aforesaid. Hence this appeal.

6. The evidence may be discussed first.

PW-1, Najrul Hoque is the informant of the case. His evidence is that incident took place on 04.11.2008 at about 05:00 am. Victim Jabrul Hoque is his brother in law, Ijjatan Bibi is his sister and accused persons reside in their same locality. He deposed that on the day of incident in the early morning at about 05.00 am, his brother in law Jabrul Hoque wen