TARUN KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mogra P.S. Case No.33 of 2007 dtd. 22/2/2007 under Ss. 341/323/448/147/34 of the Indian Penal Code was tried by the learned Additional Sessions Judge, Fast Track, 1st Court, Hooghly because of the fact that the counter case filed by one of the accused persons of the instant case was registered under Sec. 304 of the Indian Penal Code and both the said two cases on the self- same incident were heard together by the learned Additional Sessions Judge. The counter case under Sec. 304 was registered as Mogra P.S. Case No.33 of 2007. The said case was registered before the learned Additional Sessions Judge, Fast Track, 1st Court as Sessions Trial No. 19 of 2011. The accused in Sessions Trial No.19 of 2011 was acquitted from the charge under Sec. 304 of the Indian Penal Code by the Court below. The State has not preferred any appeal.

(2.) In respect of Mogra P.S. Case No.33 of 2007 corresponding to G.R. Case No.181 of 2007, the Court below convicted the accused Tarun Ghosh for committing offence under Sec. 323 of the Indian Penal Code and passed an order of sentence of simple imprisonment for three months with fine of Rs.1,000.00, in default, to suffer further simple imprisonment for another ten days. The said order of conviction and sentence is under challenge in the instant appeal.

(3.) Mogra P.S. Case No.33 of 2007 was registered on the basis of a written complaint submitted by one Gurupada Ghosh on 22/2/2007 stating, inter alia, that on the self-same day at about 7.30 A.M. the appellant along with his father Ramendra Narayan Ghosh, brother Tapan Ghosh, uncles Arup Ghosh, Jayanta Ghosh, Swapna Ghosh, wife of Ramendra Narayan Ghosh, Kalpana Ghosh, wife of Tarun Ghosh, Soma Ghosh, wife of Arup Ghosh, Sumita Ghosh, wife of late Adhir Chandra Ghosh along with some other unknown miscreants criminally trespassed into the house of the de facto complainant and assaulted him physically. They also assaulted his wife and daughter. As a result of assault, the de facto complainant sustained bleeding injury on his head. The de facto complainant along with his wife and daughter were medically treated at Mogra Primary Health Centre.