USMAN @ LUBA ANSARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track, 2nd Court at Purulia in Sessions Case No. 11 of 2013 corresponding to Sessions Trial No. 33 of 2013, thereby convicting the appellant for committing offence under Ss. 458/323/354/308 of the Indian Penal Code and sentencing him to suffer imprisonment for one year and to pay fine of Rs.500.00 with default clause for offence punishable under Sec. 323 of the Indian Penal Code imprisonment for two years and fine of Rs.1,000.00 with default clause for offence punishable under Sec. 354 of the Indian Penal Code imprisonment to suffer rigorous imprisonment for seven years and to pay fine of Rs.1,000.00 with default clause for offence punishable under Sec. 308 of the Indian Penal Code and imprisonment for seven years and fine with default clause for offence punishable under Sec. 458 of the Indian Penal Code.

(2.) On the basis of a written complaint filed by one Smt. Anna Sahis before the Officer-in-Chare, Purulia (M) Police Station, Police Station Case No. 139/2012 under Ss. 458/341/324/354/308/506 of the Indian Penal Code was started. It was alleged by the de facto complainant that in the night of 17/18th July, 2012, she and her husband, Sufal Sahis were sleeping in a room of their house with their two minor children. At about 12 at midnight, the appellant illegally trespassed into the said room and assaulted the husband of the de facto complainant on his head with a dagger. The de facto complainant raised hue and cry at this, the accused also pulled her saree and assaulted her with kicks and blows. Hearing her hue and cry, local people rushed to the room of the de facto complainant and seeing them the accused fled away.

(3.) It appears from the materials-on-record that the husband of the de facto complainant was taken to Purulia District Hospital immediately after the incident and the Medical Officer found a lacerated injury on the left side of the forehead of the husband of the de facto complainant, namely, Sufal Sahis. He was admitted to the Hospital and subsequently discharged after about 5/6 days of the occurrence.