SK. MOTIAR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal has been preferred against the Judgment of Conviction and Order of Sentence dtd. 10/07/2014 passed by the Learned Additional District and Sessions Judge, Chandannagore, Hooghly in Sessions Trial No. 36 of 2012 (Sessions Case No. 143 of 2012) (arising out of Singur Police Station Case No. 52/2010 dtd. 27/4/2010, corresponding to G.R. Case No.279/2010) convicting thereby the respondents no. 2 and 3 for commission of offence punishable under Sec. 323/34 of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month and to pay a fine of Rs.1,000.00 (One Thousand) each in default to suffer simple imprisonment for a further period of 1(one) month for commission of offence under Sec. 323/34 of the Indian Penal Code.

(2.) The case of the appellant/defacto complainant is that on 27/4/2010 at about 11 am over the issue of construction of a "sunshade" in the respondents house, there was a verbal altercation between the respondents and the father of the defacto complainant. During that altercation the respondents pelted bricks which hit the father of the defacto complainant namely Sk Abdul Wahab and the brother of the defacto complainant namely Mojibar Rahaman. Due to such assault both of them sustained severe injuries and in course of shifting the injured persons to the hospital, the father of the defacto complainant namely Sk.Abdul Wahab succumbed to his injury and the other injured person was treated in a nursing home.

(3.) On the basis of the aforesaid complaint Singur Police Station Case No. 52 of 2010 dtd. 27/04/2010 under Ss. 325/304/34 of the Indian Penal Code was registered against the respondent no. 2 and 3 for investigation.