GOBINDA MONDAL Vs. STATE

JUDGEMENT

(1.) This appeal arises out of an order of conviction under Section 342 of the Indian Penal Code and sentence of rigorous imprisonment for one year passed by the learned Additional Sessions Judge, 2nd Court, Alipore, South 24 Paraganas on 31.7.85 in Sessions Trial No. 3(3) of the 1985 while arising out of Magrahat P.S. Case No. 21(1) of 1983.

(2.) The fact behind this appeal in short is that on 10.1.83 at about 9.30 A.M. one Sri Ashoke Mondal, the brother of the appellant was apprehended by the local people while committing theft in the shop of one Tarapada Purokait. The complainant one Panchu Ram Purokait, the Pradhan of Gram Panchayet of Village Bagaria with others settled the dispute and Asoke Mondal gave an undertaking in writing that he would not commit any such offence henceforth.

(3.) On the receipt of the said complaint, the Police started Mograhat P.S. case No. 21(1)/83 against the accused/appellant. After completion of investigation, the Police submitted charge-sheet under Section 342/506 and 364 of the Indian Penal Code against the accused/appellant and other. The case was committed to the to the Court of Sessions and thereafter the learned trial court on hearing of both sides, framed charges against the accused person under Section 342/364 of the Indian Penal Code. The contents of the charges were read over and explained to them when they pleaded not guilty and claimed to be tried.