JOYDEB HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal challenges the judgement and order of conviction passed by learned Additional Sessions Judge, Fast Track 3rd Court, Diamond Harbour, South 24 Parganas in S.T. No. 02 (02) of 2012, S.C. No. 06(01) of 2011, whereby learned Trial Court was pleased to record an order of conviction against 16 accused persons out of whom 15 were found guilty for committing offence under Sec. 323/148 of the Indian Penal Code and sentenced to pay fine of Rs.250.00 each with default clause.

(2.) The convict Joydeb Halder has been sentenced to suffer simple imprisonment for six months and to pay fine of Rs.2000.00 for committing offence under Sec. 326 of the I.P.C.

(3.) On 13/8/2007 one Subal Halder filed a petition of complaint before the learned A.C.J.M., Diamond Harbour, South 24 Paranagas against 17 accused persons stating inter alia that on 26/6/2007 around 7.00 p.m. the accused persons forming an unlawful assembly attacked the petitioner, Baghyaram Halder, Bachaspati Halder and Prabhiti Halder, with deadly weapons like bhojali, iron rod, lathi etc. and assaulted them. The incident took place near the house of Gurupada Baidya. Accused Joydeb Halder landed a blow of iron rod on the hand of the petitioner and petitioner sustained fracture injury. Ananga Mohan Halder assaulted him by bhojali on his belly. They also assaulted Bhagyaram Halder. Thereafter, the accused persons dragged them to the house of Nibas Halder where they were kept confined. Gangaram Halder, however, could inform Raidighi Police Station. Police came and rescued the complainant and two other persons from the house of Nibas Halder. They were sent to Raidighi Hospital. They remained in the hospital as indoor patient, where the attending physicians managed the injuries. The complainant was sent to Nil Ratan Hospital, Kolkata where he was admitted from 19/7/2007 to 19/8/2007.