KANAI TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Trial Case no. VIII/1992 convicting the appellant for commission of offence punishable under Sec. 326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.500.00 in default to suffer rigorous imprisonment for one month more.

(2.) On 5/10/1989 when Fulmoni Hembram was sleeping with her children in her house and her husband was away for work at village Basantapur, accused Kanai Tudu, on that day at about 1 a.m., along with accused Dhadra Tudu, Kanka Tudu and Hati Hansda entered into the house of Fulmoni and caught hold of her and when she raised alarm, the accused persons tied her mouth with cloth and dragged her to the bank of Gotegeria pukur and assaulted her and left there. Fulmoni again raised alarm. At that time the accused persons again came and accused Kanai Tudu assaulted her on her left leg just below the knee with a small axe, as a result of which she received fracture injury on her leg. Fulmoni also received injury on her left hand, right leg and swelling injury on different parts of her body. One Madan Raut went to attend nature's call and found Fulmoni Hembram in injured condition there. Fulmoni narrated the incident to him and thereafter to her brother (PW 2) (complainant) Bhadra Murmu. Thereafter the villagers assembled and Fulmoni was taken to hospital for treatment and FIR was lodged with Keshpur P.S. Accordingly, Keshpur P.S. case no. 60/89 dtd. 5/10/1989 was started against the accused persons. The case was investigated and chargesheet was submitted against the accused persons. Charge was framed under Ss. 448/34, 354/34, 307/34, 326/34, 341/34, 452/34 and 376/34 of the Indian Penal Code. The content of charge was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) In course of trial, prosecution examined nine witnesses and exhibited 2 documents marked Exhibit 1 and 2. Duplicate bed head ticket was marked 'X' for identification but not proved.