SUBAL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 29th March, 2012 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Jalpaiguri in Sessions Case No. 266 of 2008 thereby convicting the appellant Subal Roy for the offence punishable under Section 324 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000/- with default clause.

(2.) MR. Mukhopadhyay, learned advocate appearing on behalf of the appellant made, in fact, two-fold argument. Firstly, according to him, there is a major discrepancy as to the date of incident. According to the First Information Report, MR. Mukhopadhyay contended, the alleged incident had taken place on 03.03.2008 at 9.30 a.m. But, according to the statement of witnesses, the alleged incident had taken place on 02.03.2008 at 9.00 a.m. and, secondly, the P.W. 6, the only eyewitness, was not believed by the learned Trial Court, but conviction was recorded on the basis of the testimony of other witnesses who were not ocular witnesses and had not seen the incident.

(3.) THE appellant attacked him again on his head with the daw resulting in blood injuries on his head. THE appellant again tried to attack the P.W. 2, when Apu Roy alias Bhabesh Roy interfered and saved him. He became senseless and regained sense at Jalpaiguri Sadar Hospital. He narrated the incident to his father on the next date in detail. He also stated that due to assault, his wearing apparels were stained with blood. He had to undergo medical treatment in the Sadar Hospital at Jalpaiguri for 16 days. In his cross-examination, his statement to the Investigating Officer of the case was controverted and nothing more. THE statement he made in his examination-in-chief remained practically unchallenged.