GUWAHATI, India, April 7 -- Gauhati High Court issued the following order on March 5:

1. Heard Mr. K. Sarma, learned counsel appearing for the appellant. Also heard K.K. Das, learned Additional Public Prosecutor appearing for the State of Assam.

2. The relevant facts of the prosecution case, in brief, is that on 17.05.2001, the complainant Sri Jadav Nath of village Nij Bihaguri, Tezpur filed a written Ejahar before the Tezpur Police Station stating that accused persons, Sri. Homeswar Nath @ Soru Nath and Sri Pabin Nath, both of same village, had come at about 6:00 p.m, armed with lathi in their hands on the public road in front their house and while Khagen Nath was walking on the road, accused persons suddenly attacked Khagen Nath and in...