SACHIN JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of Calcutta High Court which confirmed conviction of the appellants while directing acquittal of twelve co-accused persons. Originally, 20 persons including the present appellants faced trial for offence punishable under Sections 148, 323, 324 and 307 read with Section 149 of the Indian Penal Code, 1860 (in short IPC). After recording evidence the Trial Court acquitted six persons under Section 232 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) and the rest 14 were convicted.

(3.) Prosecution version in a nutshell is as follows: First information report was lodged by one Hrishikesh Jana on 17.1.1992, stating that on 17.1.1992 in the morning when said Hrishikesh Jana was busy in the field for cultivation of his land, the appellants under the leadership of appellant Sachin Jana forming an unlawful assembly and being armed with different weapons like bombs, sticks, knives, iron rods and bottle of acid threatened Hrishikesh Jana with dire consequences and when Hrishikesh Jana did not oblige them by leaving the work of cultivation, the accused persons started assaulting him with blows, kicks, iron rods etc. and acid was also poured on his face and body. Hrishikesh Jana alleged in his written complaint that the appellants also poured acid on one Amulya Giri and Kartick Maity and also assaulted one Sabitri Giri who came forward to save Hrishikesh Jana. After completion of investigation charge-sheet was filed. Accused persons pleaded false implication.