HARIPADA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant appeal the appellant has assailed the order of conviction and sentence passed against him under Sec. 324 of the Indian Penal Code in Sessions Case No.630 of 2016 corresponding to Sessions Trial No.4(01)/2017 passed by the learned Additional Sessions Judge, Fast Track, Second Court, Malda on 22nd February, 2018. The learned trial Judge sentenced the accused to suffer simple imprisonment for one year with fine of Rs.1,000/-, in default, to suffer simple imprisonment of one month more for the offence punishable under Sec. 324 of the Indian Penal Code.

(2.) Bamangola Police Station Case No.206 of 2016 was registered on 18th October, 2016 on the basis of a written complaint submitted by Chandmoni Barman (hereafter described as the de facto complainant). It is alleged by the de facto complainant that on 17th October, 2016 at about 10.30 P.M. the accused came in front of the house of the de facto complainant in drunken condition. Then he abused her with filthy language. Hearing such abusing language the son of the de facto complainant, namely Manik Barman came out of the house and requested him to go away. But the accused Haripada Sarkar refused to leave the place and went on abusing the de facto complainant. The de facto complainant pushed him back so that he might leave the place. By this the accused assaulted her on her head with a bamboo causing severe bleeding injury. Seeing the de facto complainant in injured condition, the accused left the place. Subsequently, she was medically treated in the local hospital.

(3.) Investigation of the case culminated in filing charge sheet against the accused under Sec. 448/325/308 of the Indian Penal Code. Since the offence under Sec. 308 of the Indian Penal Code was exclusively triable by the Court of Sessions, the case was committed to the Court of the learned Sessions Judge and subsequently it was transferred to the learned trial Court for trial and disposal.