GAUHATI HIGH COURT ISSUES ORDER ON CHANDRADHAR BORA AND ORS. V/S THE STATE OF ASSAM

GUWAHATI, India, Oct. 21 -- Gauhati High Court issued the following order on Sept. 22:

1. Heard Mr. T.J. Mahanta, the learned Senior Counsel, assisted by Mr. T. Gogoi, the learned counsel for the revision petitioners. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, has been filed by the petitioners, namely, 1. Sri Chandradhar Bora, 2. Sri Dwijen Bora@Dijen,3. Sri Brojen Bora, and 4. Sri Gobinda Paul @Maina, impugning the Judgment and Order dated, 17.12.2011, passed by the learned Sessions Judge, Golaghat, in Criminal Appeal No.13/2009, whereby the appeal preferred by the present petitioners against Judgment and Order dated, 19.01.2009, passed in GR Case No. 876/2004, whereby the petitioners were convicted under Section 323 of the Indian Penal Code, 1860 and were sentenced to undergo rigorous imprisonment for 3(three) months, and to pay a fine of Rs. 500/-each, in default, to undergo simple imprisonment for 15(fifteen) days.

3. By the judgment of the Trial Court, which was upheld by the Appellate Court, the petitioners herein were convicted under Sections 341/323 and 325 of the Indian Penal Code, 1860. They were sentenced to pay a fine of Rs.400/- each under Section 341 of the Indian Penal Code, 1860 and to undergo simple imprisonment of 15(fifteen) days, each in default of payment of fine. They were also sentenced to undergo rigorous imprisonments of 3(three) months and to pay a fine of Rs. 500/- each under Section 323 of the Indian Penal Code, 1860 and in default of payment of fine to undergo 15(fifteen) days of simple imprisonment.

4. The petitioners were also sentenced to undergo rigorous imprisonment for 6(six) months and to pay a fine of Rs. 1000/- each for the offence under Section 325 of the Indian Penal Code, 1860 and in default of payment of fine to undergo simple imprisonment for 1(one) month.

5. The facts relevant for consideration of the instant criminal revision petition, in brief, are that one Bolen Rajbonshi had lodged an FIR before the Officer-In-Charge of Dergaon police station, on 24.08.2004, inter alia, stating that on that day, at about 1:00 PM, while he was on duty, along with Constable Padmakanta Bora and Home Guards Bipul Bora and one Ashok Pachoni at the sugar mill premises. The accused persons, (the present petitioners), armed with iron rods and kukri assaulted the Constable Padmakanta Bora, and administered blow with kukri and iron rod on him, as a result of which, Padmakanta Bora sustained severe injuries on his person. Thereafter, the petitioners also assaulted Ashok Pachoni and Bipul Bora, as well as the informant, Bolen Rajbonshi.

6. On receipt of the said FIR, Dergaon police station Case No. 2011/2004 was registered under Sections 341/333/325/326/307/34 of the Indian Penal Code, 1860 and investigation was initiated. Ultimately, on completion of the investigation, the charge sheet was laid against the present petitioners under Sections 341/333/325/307/326/34 of the Indian Penal Code, 1860.

7. Since the case was exclusively triable by the Court of Session, initially it was committed to the Court of the learned Sessions Judge, Golaghat. However, by order dated 29/07/2006, it was remanded back to the Court of the learned Chief Judicial Magistrate, Golaghat with a direction to frame charges under Sections 341/323/325/34 of the Indian Penal Code, 1860 against all the petitioners. Thereafter, on their appearance before the Court of the learned Chief Judicial Magistrate, Golaghat, the charges under Sections 341/323/325/34 of the Indian Penal Code, 1860 were framed against the petitioners. When the charges were read over and explained to the petitioners, they declined to plead guilty and claimed to be tried.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BHg032YW4DELkBNCJnOhrk4iSBue2OB0LiFkH3wj1aas&caseno=Crl.Rev.P./132/2012&cCode=1&cino=GAHC010182142012&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.