NABA KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 Cr.P.C. assailing the order dated 23.6.2008 and 5.7.2008 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Arambag, Hooghly in S.C. Case No. 32 of 2008 arising out of G.R. 250 of 2007 under Section 147, 148, 149, 326, 307, 395, 504, 506(2), 120B/34 of the Indian Penal Code rejecting thereby the prayer of the petitioners for discharge under Section 228 of the Cr.P.C.

(2.) The case of the prosecution, in short, is that on 25.5.2007 in the early morning the accused No. 1 Naba Singh called the complainant and when the complainant came out of the house accused Naba Singh, Himanshu Mallick, Subhranshu Mallik, Gurupada Mallik, Ajit Singh and 5/6 others started abusing the complainant and assaulted him by fists and blows. Himanshu and Gurupada assaulted him by means of lathi and Subhranshu with the help of a big knife assaulted him by the `butt' of the knife in the right side of the ear. Being assaulted, the complainant was about to fall down on the earth and at that time his wife held him and rescued. When Himanshu tried to dash him to the ground, the wife and unmarried sister-in-law of the complainant came to rescue him. The local people assembled there. The information was lodged with the P.S. being G.D. entry No. 1151 dated 25.5.2007 and the complainant was referred to Arambag Hospital. He was examined there by the Doctor. The informant remained admitted in the hospital from 25.5.2007 to 29.5.2007. The x-ray was done and thereafter he was discharged.

(3.) The Arambag P.S. case No. 113 dated 15.6.2007 was registered. The learned Additional Sessions Judge, Fast Track Court, Arambag observed that there was reasonable ground for believing that the accused persons were involved in the commission of an offence punishable under Section 148/325/307/149 of the Indian Penal Code. By another order dated 05.7.2008 the learned Court below framed charge under Section 148/325/307/149 of the Indian Penal Code against the accused persons to which they pleaded not guilty and claimed to be tried. The learned Judge fixed a schedule for the examination of the P.Ws.