RAM BABU SHAW Vs. STATE

JUDGEMENT

(1.) This appeal arose out of an application under section 26 of the West Bengal Children Act, 1959 and/or section 389(2) of the Code of Criminal Procedure concerning the order dated 28.6.1990 passed by the learned Metropolitan Magistrate, Calcutta in charge of Juvenile Court, Salt Lake City, Calcutta in G.R. Case No. 8 of 1982 under section 326 of the Indian Penal Code convicting and sentencing the accused/appellant to undergo imprisonment for three years. In the background of this appeal, the fact in a nutshell is that on 5.1.1982 at about 7.25 A.M. the accused alongwith his mother started abusing the de-facto complainant Smt. Manjushree Bhattacharya. When she protested, the accused hit with a tube light while his mother assaulted with the help of an iron rod. As a result, PW 2 sustained bleeding injuries on her right eye and on different parts of her body. The alleged incident took place in the ground floor at Premises No. 164F, B.B. Ganguly Street, Calcutta. Police investigated the case and submitted charge-sheet against the accused and her mother under section 326/ 34 IPC. The accused Rambabu was forwarded to the learned Court below as he was a Juvenile. The accused person was examined under section 251 of Code of Criminal Procedure and the substance of accusation were read over and explained to them when they pleaded not guilty and claimed to be tried. To contest this case the prosecution examined as many as 9 witnesses while the defence examined none.

(2.) However, the accused persons were examined under section 313 of the Code of Criminal Procedure. The defence case as appeared from the trend of cross-examination and the statement given by the accused at the time of examination under section 313 of the Code of Criminal Procedure is the denial of offence with a plea of innocence.

(3.) On hearing of both sides the learned Trial Judge convicted the accused for offence under section 326 IPC and sentenced to suffer imprisonment for three years.