MADAN RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against the judgment and order dtd. 12/6/2019 passed by the Special Court cum Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur, convicting the petitioners under Ss. 448/326/34 of the Indian Penal Code and Sentencing them to suffer imprisonment for two years each and to pay a fine of Rs.2000.00 for the offence under Sec. 326/34 of Indian Penal Code and simple imprisonment for three months each for the offence under Sec. 448/34 of Indian Penal Code. Both the sentences were directed to run concurrently in Criminal Appeal No. 13 of 2016. The order dtd. 31/3/2016 passed by the Learned Judicial Magistrate, 1st Court, Raiganj in G.R. Case No. 283 of 2007 convicting petitioners under Ss. 448/326/34 of Indian Penal Code was affirmed.

(2.) The prosecution case as per the petition of complaint is that in the evening of 17/4/2007, the petitioner no. 1 had allegedly come to the house of the complainant Mohan Mondal during the function of 'Baishnab Seba' in an intoxicated condition. Basudeb Mondal the elder brother of the complainant allegedly persuaded the petitioner no. 1 to leave the house.

(3.) The petitioner no. 1 then allegedly left and returned at 10 pm with the other petitioners and assaulted Basudev Mondal who sustained injuries. Seeing that, Bindeswar Mondal father of Basudev Mondal, went to save him but also sustained injuries for which he was medically treated at Raiganj District Hospital.