SHEW MONI SHAW Vs. STATE

JUDGEMENT

(1.) This Rule is directed against the conviction of the petitioner under Section 326, I.P.C. and his sentence of rigorous imprisonment for one year as also a fine of Rs. 300/-, in default, rigorous imprisonment for three months more. The conviction was by a Magistrate of Barrack-pore and it was upheld in appeal by an Additional Sessions Judge of Alipore.

(2.) The prosecution case, in brief, was that one Harinarayan Shaw kept a shop at Kancharapara, dealing in tea and betel. The petitioner and his cousin Bidyananda were his customers and were in arrear in regard to their dues. On 23-7-1948, the petitioner and his cousin Bidyananda were passing by the road and they were near the shop of Harinarayan when the latter accosted them and demanded payment of his dues. It is said that the petitioner abused Harinarayan and thereupon an altercation ensued. As the trouble began to grow, people assembled and ultimately the parties were separated. Subsequently, so the prosecution story continued, at about 8 at night when Harinarayan was winding up for the night, he had his back towards the door and at that time the petitioner and his cousin Bidyananda entered the shop and the petitioner struck Harinarayan with a knife which he took from the hand of his cousin Bidyananda. There were two wounds, one on the neck and the other on the left shoulder as a result of which it was necessary for Harinarayan to remain in hospital for 23 days.

(3.) The prosecution examined 7 witnesses and the Court examined two witnesses on its own account.