BASUDEB SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure filed by the petitioners suffering an order of conviction for committing offence under Sec. 323/324 of the I.P.C.

(2.) Briefly stated, on 10/4/1994, the petitioners herein being armed way with lathi, axe, attacked Uttam Sharma and Monoranjan Sharma, who were constructing a temple of Lord Shiva by the road side. Rabin Sharma landed blow of lathi on the head of Uttam Sharma. Basudeb Sharma assaulted Uttam Sharma with an axe. Monoranjan Sharma was assaulted by other accused persons. Both Uttam Sharma and Monoranjan Sharma sustained injuries and admitted to hospital. Mother of the victim Smt. Sudevi Sharma set the criminal administration of justice into motion and Karimpur P.S. Case No. 97 of 1994 dtd. 10/4/1994 was registered against 9 accused persons.

(3.) Police took up investigation that culminated into submission of charge sheet. The accused persons pleaded their innocence being charged under Sec. 147/325/34 of the I.P.C. and claimed to be tried.