Sri Kaushik Kumar Sharma GR Case No. 98/11 u/s 341/323 ... - Jorhat

IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, JORHAT
PRESENT: Sri Kaushik Kumar Sharma
GR Case No. 98/11
u/s 341/323 r/w Sec 34 of IPC.
State of Assam……………….Prosecution.
v.
Sri Hira Das and Ors…………………Accused
Ld. Advocates : For the prosecution , Sri N. Bora, Ld. APP.
For the accused, Sri , Ld.Advocate.
Date of Evidence: 04.02.13, 20.02.13, 17.04.13,
Date of Argument: 05.06.13
Date of Judgment: 20.06.13
J U D G M E N T
In brief, the prosecution story, is that on 26.01.11, at around 5 pm, the accused
persons , namely Sri Hiralal Das, Sri Gopal Das and Sri Sukandu Das had wrongfully
restrained and beaten the complainant Sri Biswajit Das, thereby causing injury to him.
The FIR was lodged on 26.01.11 itself. After investigation, the charge sheet was lodged
against the accused persons under Sec 341/323 r/w Sec 34 of IPC.
During trial the Prosecution examined as many as 5 witnesses. After closure of the
prosecution evidence, the accused persons were examined u/s 313 Cr PC, where the
accused persons had denied the commission of the offences. The defence side adduced
no evidence.
POINTS FOR DETERMINATION:
1) Whether the accused persons, in furtherance of their common intention, had
wrongfully restrained the complainant, Sri Biswajit Das, as alleged
2) Whether the accused persons, in furtherance of their common intention, had
caused hurt to the complainant, Sri Biswajit Das, as alleged

DISCUSSION, DECISION WITH REASONS THEREOF:
PW1, Sri Biswajit Das, in his examination in chief, had stated that on 26.01.11,
after enjoying a picnic, near Bhugdoi river, in Mariani, he along with Sri Anup Jana and
Sri Uttam Dey were walking down towards their home. At that moment, the accused
persons, and one person named, Sri Gautam Das had verbally abused him, from the
bank of the river. When he objected to it, all the four persons, assaulted him with wood
and caused injury on his legs and back. The persons who were with him took him away
from there. Thereafter, he had lodged a FIR.
Thereafter the prosecution had examined four witnesses, who had stated that he
did not state that they had seen the incident, but had only stated that they had learned
from others that there was a quarrel between the complainant and the accused persons.
However, the Police did not site Uttam Dey or Anup Jana as witnesses.
From the above, the allegations of PW1 are not corroborated by other witnesses.
Hence, it will be unsafe to rely on the testimony of PW1, especially when the accused
persons had also lodged a cross case against PW1.
In other words, I am of considered view that the prosecution has failed to prove
the guilt of the accused persons u/s 341/323 r/w 34 of IPC, beyond reasonable doubt.
Hence the accused persons are held not guilty and hence, acquitted from all the charges
u/s 341/323 r/w Sec 34 of IPC, and are set at liberty forthwith. Bail bonds are cancelled
and the surety stands discharged.
Pronounced the judgment in the open Court on this day of 20 th June, 2013, and
prepared the same under my hand and seal of this Court.
( K.K. Sharma)
Judicial Magistrate, First Class