ANIL KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two applications have been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973. The applicants of the C.R.R. No. 3210 of 2005 have prayed for quashing the Judgment and order dated 30.09.2005 passed by the learned Additional Sessions Judge, Fast Track Court, Kandi in Criminal Appeal No. 2 of 2004 thereby confirming the Judgment and order dated 16.03.2004 passed by the learned Sub-Divisional Judicial Magistrate, Kandi in G.R. Case No. 369 of 1992 convicting and sentencing the applicants of the C.R.R. No. 3210 of 2005 to pay a fine of Rs. 1000/- each if default to suffer simple imprisonment for one month each for offences punishable under Sections 323/34 of the I.P.C. The applicant No. 1 was also convicted and sentenced to suffer simple imprisonment for six months and to pay a five of Rs. 1,000/-, in default to undergo further period of one month simple imprisonment for commission of offence under Section 324 of the I.P.C. The convicts have filed the C.R.R. No. 3210 of 2005 for setting aside the said order of conviction and sentence.

(2.) On the other hand, the de-facto complainant filed the C.R.R. No. 1176 of 2004 for setting aside the Judgment and order dated 16.03.2004 passed by the learned Sub-divisional Judicial Magistrate, Kandi in G.R. Case No. 369 of 1992 convicting the opposite party Nos. 1 to 8 therein for offences under Section 323/34 of the I.P.C. in respect of all the accused persons and under Section 324 in respect of the opposite party No. 1 therein with the sentences just mentioned above.

(3.) Since the identical issue is involved; these two applications are disposed of by this common judgment.