PACHANAN DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 5/4/2016 passed by the learned Additional Sessions Judge, 1st Court, Asansol, Burdwan in Sessions Trial Case No.03 of 2012 (corresponding to Sessions Case No.11 of 2012) arising out of Asansol (North) Police Station case no. 104/2011 dtd. 21/5/2011 under Ss. 341/34 of the Indian Penal Code.

(2.) The learned trial Court after holding the Appellants guilty was pleased to convict the appellants and sentence them as follows:

(3.) The case of the prosecution originated from a complaint lodged by one Nirmal Chandra Dey to the effect that on 20/5/2011 at about 12.00 noon altercation and scuffling took place between the informant and his relations, with their neighbour i.e. Purnachandra Dey and his family members over the issue of passage of drainage water and as such, both the parties went to Kanyapur outpost where they were asked to settle the matter. At the time of returning from Kanyapur outpost Karnadhar Dey who was a pillion rider of the informant was intercepted near Durga Mandir at Sudihi village by the accused persons namely; (1)Panchanan Dey, (2) Purnachandra Dey, (3) Ujjwal Dey, (4) Kajal Dey, (5) Naresh Dey, (6) Biswanath Dey and (7) Chanchal Dey. All of them forcibly dragged out Karnadhar from the vehicle and assaulted him, however, Karnadhar managed to run away towards Dakshin Para. The accused persons again intercepted him, when Panchanan Dey hit Karnadhar with a chopper resulting in bleeding injury and Biswanath Dey hit Karnadhar on his hand with a shovel, as a result of which Karnadhar collapsed on the road. Thereafter all the accused persons jointly assaulted Karnadhar Dey, as a result of which he sustained serious injuries. The villagers thereafter took Karnadhar to Sub-divisional Hospital and admitted him there and as the injuries were grievous in nature he was shifted to H.L.G. Hospital routed through E.S.I. Hospital. It is alleged that Karnadhar was in a critical condition and admitted at H.L.G. Hospital. The informant therefore, requested the Officer-in-charge of Asansol (North) Police Station to take legal action against the offenders.