JUDGMENT

16.11.2023 Heard Mr. H.P. Gupta, assisted by Mr. R. Dhar, learned counsel. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam, representing the State respondent.

2. This appeal is preferred by appellant, namely, Shri Nepali Baruah from District Jail, Dhemaji, challenging the correctness or otherwise of the judgment and order, dated 04.09.2019, passed in Sessions Case No.106(DH)/2015, arising out of Gogamukh P.S. Case No.52/2015, under sections 324/326/307 IPC, by the learned Sessions Judge, Dhemaji. It is to be noted here that vide the impugned judgment and order, the learned Court below has convicted the appellant, under sections 324/326/307 IPC, and sentenced him to suffer rigorous imprisonment (R.I.) for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation, under section 307 IPC and also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation under section 324 IPC, also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation under section 326 IPC, and further directed that the substantive sentence shall run concurrently.

3. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 14.03.2015, one Phuleswar Doley of No.2 Berbhanga Village, under Gogamukh Police Station, lodged an FIR with the Officer-in- Charge, Gogamukh P.S. to the effect that on 13.03.2015, in the evening, while his son namely, Babul Doley and one Purna Pegu, Babai Doley, Dibya Pegu and Dibya Doley have found one Nepali Baruah lying on the road in a drunken state and then they have lifted him to his house, then his family members chased them being armed with weapon and waylaid them, and thereafter, Nepali Baruah and his family members assaulted them with dao and caused serious injuries to Babul Doley and his brothers and thereafter left the place. Then hearing hue and cry the neighbours came out and sent the injured to Hospital.”

4. Upon the said FIR, the Officer-in-Charge, Gogamukh P.S., registered a case, being Gogamukh P.S. Case No.52/2015, under Section 326/307/34 IPC, and he investigated the same. During the course of investigation, he had visited the place of occurrence, examined the witnesses and got the victims examined by the Doctor and collected the report and also he had arrested the accused and forwarded him to the Court and thereafter, on completion of investigation, he laid charge sheet against the appellant Nepali Baruah to stand trial, in the Court under Sections 324/326/307 IPC.

5. On commitment of the case to the Court of Sessions, the learned Sessions Judge, Dhemaji had framed charges against the appellant, after hearing learned Advocates of both sides, under sections 324/326/307 IPC and on being read and explained over the same to the appellant, he pleaded not guilty to the same and claimed to be tried. Thereafter, the learned Court below had examined as many as 10 witnesses, including the M.O. and the I.O. and thereafter, hearing argument of both sides, found that the prosecution side has succeeded in establishing the case against the appellant, under sections 324/326/307 IPC and thereafter, convicted him and sentenced him as aforesaid.

6. Being aggrieved, the appellant has preferred this appeal from the District Jail, Dhemaji on the ground that: he is not satisfied with the judgment and order of conviction and sentence, so passed by the learned Sessions Judge, Dhemaji. It is to be mentioned here that as the appeal is being preferred from jail, Mr. H. Gupta, learned Advocate is appointed as Amicus Curiae.

7. Mr. H. Gupta, learned Amicus Curiae, assisted by Mr. R. Dhar, learned counsel, raised following points, for consideration of this court and contended to allow the appeal, by setting aside the impugned judgment and order:-

(i) That, there is material contradictions in the version of the prosecution witnesses regarding the place of occurrence and in other aspects and on such co