GAHC010220072012 2025:GAU-AS:15071

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./237/2012

ANOWAR HUSSAIN,

S/O LT. LALMAMUD MIAH, VILL. KATLIJHAR, P.S. BARPETA.

VERSUS

THE STATE OF ASSAM, AND ANR.

REPRESENTED BY PP, ASSAM

2:JAMELA KHATUN

W/O- MULIM ALI

R/O- VILLAGE KATLIJHAR

P.O. AND P.S.- BARPETA

DISTRICT- BARPETA ASSAM. PIN- 781316

Advocate for the Petitioner : MR. M A SHEIKH, MR SARFRAZ NAWAZ (AMICUS

CURIAE),MS.A BEGUM,MD.M H CHOUDHURY

Advocate for the Respondent : PP, ASSAM, ,

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 31-10-2025

Heard Mr. M.A. Sheikh, learned counsel for the appellant and Mr. Sarfaraz Nawaz,

learned amicus curiae. Also heard Mr. M.P. Goswami, learned Addl. P.P. Assam appearing for the State/ respondent.

2. The present appeal has been instituted assailing the judgment dated 08-10-2012, passed by the learned Addl. Sessions Judge (FTC), Barpeta in Sessions Case No. 04/2010, convicting the appellant, herein, under Section 324 IPC and sentencing him to undergo rigorous imprisonment for 01 (one) year and to pay a fine of Rs. 1000/- (Rupees One Thousand), in default to undergo simple imprisonment for 01 (one) month.

3. The prosecution case, in brief, is that one Musstt. Jamela Khatun had had lodged an FIR before the Officer-in-Charge, Howly Outpost, inter-alia, stating therein that on 12- 08-2008 at around 01:00 p.m., she had asked her nephew Sadek Ali to come to her house for plucking banana from the tree. It was alleged that at that time, the petitioner, herein, along with his family members armed with dao had trespassed into the compound of the informant and assaulted her and also attacked her nephew Sadek Ali by means of a dao causing grievous injury to his person. It was further stated that on raising hue and cry, her brother Abdul Kader appeared at the spot but he was also assaulted by the accused persons by means of a dao, resulting into Abdul Kader sustaining injuries on his person. It was further stated that both the injured were shifted to the hospital.

On receipt of the said FIR, a G.D. entry was made by the Officer-in-Charge, Howly Police Station and the FIR was forwarded to Barpeta Police Station for registering a case. The said FIR came to be registered as Barpeta P.S. Case No. 666/2008 under Section 147/

448/ 326/ 307 IPC.

On completion of the investigation, the Investigating Officer laid a charge-sheet against the appellant, herein, under Section 447/ 324/ 307 IPC.

The learned Trial Court on appreciating the evidences coming on record, framed charge under Section 447/ 324/ 307 IPC against the appellant, herein. The charge on being read over and explained to the appellant, herein, he having pleaded not guilty and claimed to be tried, a trial ensued in the matter.

During the trial, the prosecution had examined 08 (eight) witnesses and the appellant, herein, was examined under Section 313 Cr.P.C.

On conclusion of the trial, the learned Trial Court upon appreciating the evidences coming on record proceeded, vide judgment dated 08-10-2012, to convict the appellant, herein, under Section 324 IPC and sentenced him as noticed hereinabove.

Being aggrieved, the appellant has instituted the present proceeding.

4. Mr. S. Nawaz, learned amicus curiae appearing for the appellant after taking this Court through the evidences adduced during the trial has submitted that the assault as committed upon the victim by the appellant, herein, stood established beyond reasonable doubt. He submits that the injury as sustained by the victim was corroborated by the evidences of the Medical Officer who had deposed as PW-6 during the trial. He further submitted that the nature of the injuries sustained by the victims would bring the assault on them within the provision of Section 324 IPC. Accordingly, he submits that the conviction of the appellant, herein, under Section 324 IPC by the learned Trial Court would not mandate any interference.

5. Having made the above submission, th