STATE OF WEST BENGAL Vs. BHOLANATH MONDAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.11.1984 in CR 81 of 1980 passed by the learned Judicial Magistrate, 1st Court, Sealdah whereby acquitting the respondents herein from the charge under Sections 325/34 of the Indian Penal Code. The State of West Bengal being dissatisfied with the judgment and order passed by the learned Magistrate, preferred this appeal, mainly, on the ground that the learned Court below failed to appreciate the evidence on record in its proper and true perspective.

(2.) A short reference to the factual aspect is given below : On 2.6.1980, at about 8.30 P.M., the respondents assaulted Kartick Chandra Manna with a piece of brick resulting in one of his tooth uprooted and he sustained swelling injuries over his face. He was provided with medical treatment by Dr. Phanindra Nath Haider, who found one lacerated wound over the upper lip and incised bleeding injury on the face of Kartick Chandra Martha. On the basis of the complaint, the learned Magistrate framed charge under Sections 325/34 of the Indian Penal Code against the respondents, who pleaded not guilty and claimed to be tried, and accordingly, the trial commenced. In course of trial as many as seven witnesses were examined on behalf of the prosecution and First Information Report, production reports and medical papers were admitted in to evidence and were exhibited on behalf of the prosecution. No witness was examined on behalf of the defence. No document was filed from their side. Upon consideration of the evidence on record, oral and documentary, the learned Magistrate found that the prosecution failed to bring home the charge against the respondents, and accordingly, the order of acquittal was recorded.

(3.) The written complaint lodged by Kartick Chandra Manna, which was Exhibit 1, disclosed the prosecution case. He stated that on 2.6.1980 at about 12.30 hours when he was talking with his friend Mrityunjoy Sadhukhan, he found Bholanath Mondal and Narayan Mondal, being the respondents, to assault his brother and sister. Kartick Chandra Manna intervened, but was assaulted by the respondents with a piece of brick, and, as a result, he sustained injuries on his face and lost one of his tooth. Kartick Chandra Manna was examined in the Trial Court, as P.W.3. He stated that the respondents Bholanath Mondal and his son Narayan Mondal assaulted him with a piece of brick and as a result, one of his tooth was uprooted and he received bleeding and swelling injury on his face. He had gone to the hospital and was treated there. His blood stained shirt, was also seized by the police.