DUBRAJ MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgement and order of conviction passed on 7/9/2022 by the learned Additional Sessions Judge, 3rdCourt, Purulia, convicting the appellant Dubraj Mahato under Ss. 323/324/327 of the Indian Penal Code (hereinafter referred to IPC) is challenged in this appeal.

(2.) In this case, initially law was put into motion by lodging a written complaint by one Bharat Chandra Mahato, a village doctor by profession, resident of Koreng, District- Baghmundi, alleging, inter alia, that on 25/8/2017 at about 9.30 p.m., one Dubraj Mahato of Burda village came to his chamber at Koreng village and asked him to go to his house for treatment forcibly but the doctor/complainant could not response due to assembly of patients in his chamber. Thereafter, Dubraj Mahato abused him in filthy language and left the place. After a while, Durbraj Mahato again came to his chamber along with a choper (Katari) and asked the doctor to go to his house but after being denied the accused Dubraj Mahato gave a blow on his neck but somehow the doctor/complainant saved himself and sustained ear cut injury. It was further alleged that he sustained bleeding injury of his right ear. All the incident occurred in the presence of all the patients. On receipt of the written complaint at 10.45 hours, Baghmundi PS Case No. 46 of 2017 dtd. 25/4/2017 under Ss. 341/323/307/506 IPC was started.

(3.) Police investigated the case and on completion of investigation submitted charge sheet being No. 50 of 2017 under Ss. 341/323/307/506 IPC.