YEAKUB MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal filed by the Convicts of Sessions Case No. 56(4)/2007 assailing the order of conviction under Ss. 325/34 of the Indian Penal Code and consequent sentence of rigorous imprisonment for three years with fine of Rs.1,000.00 each, in default, to suffer further rigorous imprisonment for one month each for the offence punishable under the above penal provisions.

(2.) One Jahangir Mondal lodged a written complaint to the Officerin-Charge, Tehatta Police Station on 12/5/1999 alleging, inter alia, that on 12th May he went to his mango grove at village Digbareya at about 6.00 A.M. At about 8.00 A.M. his son, Kedi Rahaman informed him that a number of people illegally trespassed into his house and caused assault to his family members. It was stated by the de facto complainant that at the southern side of his house, he stacked straw and his younger brother was raising a fencing around the heaps of straw. His avuncular brothers, namely Asbar, Nasir and Delwar Mondal used the said place as a pathway. They restrained the younger brother of the de facto complainant to raise a fencing around the said area and over the said issue a dispute cropped up between them, there was altercation and quarrel between the abovementioned two groups for few days. On the date of occurrence, the said Asbar, Nasir and Delwar Mondal with 20/25 persons being armed with 'lathi', 'dragger', 'bomb', 'crowbar', 'pipe gun' etc. entered into the house of the de facto complainant and assaulted his father, Hekmat Mondal, Kanu @ Mahiruddin and one Aroj Ali. The father of the de facto complainant received bleeding injury on being hit with the help of a 'crowbar'. After assaulting the father of the de facto complainant they trespassed into the house of his uncle, Nefajuddin Mondal and Manoj Mondal and also assaulted them with 'lathi', 'iron rod', 'hashua' etc. Accused Delwar Mondal, Bashed Mondal, Ajid Mondal, Akem Sk. and Abdul Sk. also hurled 'bombs' in order to frighten the de facto complainant and his family members. They also committed theft of one television set and kitchenware from the house of Nafajuddin Mondal and one table fan and a television set from the house of Abdul Kalam. As a result of assault Aroj Ali, Hekmat Mondal, Patu Mondal, Hajera Bibi, Kanu @ Mahiruddin, Abdul Kalam and Anwara Bibi sustained serious injury on their persons and they were medically treated. Abdul Kalam suffered injury when the accused persons threw bomb towards him. Patu Mondal sustained fracture in his hand. The injured persons were taken to local hospital. Thereafter, they were referred to Shaktinagar hospital.

(3.) On the basis of the said written complaint, Police registered Tehatta Police Station Case No. 81/1999 under Ss. 147/148/149/447/379/325/326/307 of the Indian Penal Code and Ss. 25/27 of the Arms Act along with Ss. 3/4 of Explosive Substance Act.