SANJOY MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant, being convicted and sentenced in Sessions trial No. 187/March/09 under Sec. 324 of the Indian Penal Code, has preferred the instant appeal. Impugned is the judgment in the above mentioned Sessions Trial, i.e, dated October 31, 2009 and an order of sentence, also dated same.

(2.) The appellant has been found guilty of an offence committed under Sec. 324 of the Indian Penal Code and convicted for that. He has also been sentenced to suffer rigorous imprisonment for two years and pay a fine of Rs.5,000.00 in default of which he was to suffer rigorous imprisonment for three months more.

(3.) The de facto complainant lodged FIR on July 1, 2004, alleging an incident of the same date. The time of incident has been mentioned in the FIR to be at 9.30 p.m. Allegedly the octogenarian mother of the defacto complainant was preparing snacks and food article namely 'papad', at a gathering of people, which assembled for some amusement programme. The food article was being prepared in hot mustard oil. Allegedly the appellant asked for the same on credit but was refused by the victim. Being prompted by that, the appellant has been alleged to have poured hot oil from over the head of the victim, resulting into her sustaining burn injury all over the body. The victim was immediately admitted and treated at Anupnagar Hospital.