Present: Shri.Prosoon Sur, A.J.S. P.R.C. No.

717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,

CACHAR, SILCHAR (ASSAM)

Present:SHRI. PROSOON SUR, A.J.S.

JUDICIAL MAGISTRATEFIRST CLASS,

CACHAR, SILCHAR(ASSAM)

P.R.C. NO. 717/2023

Under Section341 and 323 of the Indian Penal Code, 1860

(F.I.R No. 1897 of 2017 dated 09.08.2017of Silchar P.S.)

Date of judgment: 18.09.2023

COMPLAINANT/INFORMANT State of Assam

REPRESENTED BY Smti. Ranjita Singha

Learned Assistant Public Prosecutor

ACCUSED PERSON Shri. Najib Hussain Barbhuiya @ Bappu (A1)

Shri. Halim Ahmed Choudhury

REPRESENTED BY and Musstt. Rajia Sultana
Learned counsel for the defence

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 Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)

Date of offence 08.08.2017

Date of filing of the Ejahar 09.08.2017

Date of filing of Charge-sheet 31.10.2022

Date of offence explanation 18.09.2023

Date of commencement of evidence 18.09.2023

Date on which judgment is reserved N/A

Date of judgment 18.09.2023

Date of sentencing order, if any N/A

Accused Person’s Details:

Rank of Name of the Accused Date of Arrest Date of release Offences Charged Whether Sentence Period of
the Person(s) onBailBond With acquitted or Imposed Detention
AccusedPe convicted Undergone
rson(s) during trial
for purpose
of Section
428 Cr.P.C.

A1 Shri. Najib Hussain N/A 15.09.2023 Section341 Acquitted N/A N/A

Barbhuiya @ and 323 of
Bappu
the Indian
Penal Code,

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
1860

JUDGMENT

PROSECUTION’S CASE

1. The instant case has emanated from an ejaharlodged by the informant,

namelyShri. Sakil Ahmed Barbhuiya atSilchar P.S. on 09.08.2017.

2. The case of the prosecution, in a nutshell, is thaton 08.08.2017 at about

06.00 P.M. at Berenga Part – I under Silchar P.S., the informant and his
mother were going to a shop to purchase rice. When they reached the area
of the road near the house of the accused person (A1), then the accused
person (A1), out of previous grudges, came from behind and had hit the
informant at the back of his head with a machete (dao) in order to kill him.
Due to the aforesaid event, the informant was severely injured. Hence, the
instant case.

3. After that, SilcharP.S. Case No. 1897/2017 under Section341 and 326of
the Indian Penal Code, 1860 was registered for investigation.

INVESTIGATION

4.After completion of the investigation, the Investigating Officer submitted

Charge-sheet, bearing Charge-sheet number 1277 dated 31.10.2022,
against the accused person (A1)to stand trial for the offences punishable
under Section341 and 323 of the Indian Penal Code, 1860.

COGNIZANCE OF OFFENCES, APPEARANCE OF THE ACCUSED

PERSON AND OFFENCE EXPLANATION

5.Subsequently, cognizance of offencesunder Section341 and 323of the

Indian Penal Code, 1860was taken against the accused person (A1)vide

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
order dated 25.05.2023. Summonswas issued to the accused person
(A1)and after hisappearance,he was enlarged on bail on furnishing bailbond
and copies of the relevant documents were, thereafter, furnished to him.
Upon perusal of the materials on record and after hearing both sides, the
particulars of offences under Section341 and 323of the Indian Penal Code,
1860werestatedto the accused person (A1) to which hepleaded to be not
guilty and claimed to face trial.

TRIAL

6.In the case in hand, one(01) number of prosecution witness, i.e. the PW-
1,was examined by the prosecution side. The learned counsel appearing for
the accused person (A1) declined to cross-examine the PW-1. On the
prayer of the learned Assistant Public Prosecutor, evidence of the
prosecution side was closed thereafter. On the closure of the prosecution’s
evidence, examination of the accused person (A1)under Section 313 of the
Code of Criminal Procedure, 1973 wasdispensed with as no incriminating
materials were found against him. The defence side declined to adduce any
evidence. As such, the defenceevidence was closed accordingly.

7.I have heard the arguments of both the sides. I have also carefully gone
through all the evidence adduced in the instant case and have perused the
case record in its entirety from close quarters.

POINTS FOR DETERMINATION

8. To determine the fate of the case in hand, I have formulated the

following points for determination which go as follows –

(i) Whether the accused person (A1), on 08.08.2017 at about 06.00 P.M. at
Berenga Part – I under Silchar P.S., wrongfully restrained the informant,
namely Shri. Sakil Ahmed Barbhuiya and thereby committed an offence
punishable under Section 341of the Indian Penal Code, 1860?

(ii) Whether the accused person (A1),on the aforesaid dateandat the
aforesaid place and time,voluntarily caused hurt to the informantand

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
thereby committed an offence punishable under Section 323of the Indian
Penal Code, 1860?

EVIDENCE ON RECORD

9. The PW-1, who is the informant/victimof this case, deposed in his

examination-in-chief to the effect that he had filed this case against the
accused person (A1), who was standing at the dock at the time of his
deposition,in the year 2017due to some misunderstandings. The PW-1 also
averred that the matter has been resolved between him and the accused
person (A1), that he has no allegation against him and that he does not
have any objection if he is acquitted in this case. Besides, he also stated
that he had sustained injury by falling on a hard substance and that the
accused person (A1) was not responsible for the same and also that Exhibit
P1/PW-1 is the ejahar and Exhibit P1(1)/PW-1 ishis signature.Cross-
examination of the PW-1 was declined by the learned defence counsel.

DISCUSSION, DECISION AND REASONS THEREFOR

10.Now, after scrutiny of the materials on record, it appears that the PW-
1has testified that the case against the accused person (A1) was filed due
tosome misunderstandings and that the matter has now been resolved
between both sides and that he has no allegation if the accused person
(A1) is acquitted in the instant case.Also, the PW-1 has deposed that he
had sustained an injury by falling on a hard substanceand the accused
person (A1) was not responsible for the same.

11. Now, it is evident from the materials available on record that the sole
prosecution witness did not depose anything incriminating against the
accused person (A1). The misunderstandings between the PW-
1/informant/victim and the accused person (A1) have been settled and it is
apparent that both the sides have no animosity towards each other.

12. Thus, from the little evidence that has been brought on record before
this Court by the PW-1, it can be held that the prosecution side has failed to

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
implicate the accused person (A1)of offences punishable under Section341
and323of the Indian Penal Code, 1860. The prosecution side has, by far,
fallen short in proving the guilt of the accused person (A1)beyond
reasonable doubt.

13. In view of the totality of facts and circumstances of the instant case
coupled with the reasons mentioned hereinabove, all the points for
determination have been decided in the negative and this Court feels no
hesitation to conclude thatthe accused person (A1) cannot be convicted of
the charges under Section341 and 323of the Indian Penal Code, 1860which
have been labelled against him.

ORDER

14.On the strength of the deliberate discussions made above, I am of the

considered opinion that the accused person (A1) is found not guilty of the
offences punishableunder Section341 and 323 of the Indian Penal Code,
1860.

15. Accordingly, the accused person (A1) is acquitted from the

chargesunder Section341 and 323of the Indian Penal Code, 1860labelled
against him and he is set at liberty forthwith, as far as this case is
concerned.

16.The bail bond of the accused person(A1) is extended up to six (06)

months with effect from today.

17. Seized article(s), if any, shall be disposed of as per law.

18. The instant case is accordingly disposed of.

This judgment is given under my hand and seal of this Court on

this 18th day of September, 2023.

______________________

(Shri.Prosoon Sur)
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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
Judicial Magistrate First Class
Cachar, Silchar (Assam)
Typed& corrected by me –

_______________

(Shri.Prosoon Sur)
Judicial Magistrate First Class
Cachar, Silchar (Assam)

APPENDIX

LIST OF PROSECUTION/DEFENCE/COURT WITNESSES

A. Prosecution witnesses, if any:

RANK NAME NATURE OF EVIDENCE

PW-1 Shri. Sakil Ahmed Barbhuiya Informant/Victim

B. Defence witnesses, if any:

RANK NAME NATURE OF EVIDENCE

NIL NIL NIL

C. Court witnesses, if any:

RANK NAME NATURE OF EVIDENCE

NIL NIL NIL

LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS

A. Prosecution Exhibits, if any:

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)
Sr. No. Description Exhibit Number

1 Ejahar Exhibit P1/PW-1

2 Signature of the PW-1 on the Ejahar Exhibit P1(1)/PW-1

B. Defence Exhibits, if any:

Sr. No. Description Exhibit Number

NIL NIL NIL

C. Court Exhibits, if any:

Sr. No. Description Exhibit Number

NIL NIL NIL

D. Material Objects, if any:

Sr. No. Description Exhibit Number

NIL NIL NIL

_______________________

(SIGNATURE OF THE MAGISTRATE)

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Present: Shri.Prosoon Sur, A.J.S. P.R.C. No. 717/2023
Judicial Magistrate First Class
Cachar,Silchar(Assam)

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