GOUR CHANDRA PANDIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is directed against an appellate order confirming the conviction of the petitioner under Sec. 325 i. P. C. and the sentence of simple imprisonment of one month and fine of rs. 300/-; in default to further simple imprisonment for two months,

(2.) THE case was started on a petition of complaint filed by the opposite party no. 2 being case-no. 556 of 1977 in the court of the Judicial Magistrate, first Class, Hooghly. This petition of complaint was filed on 14. 7. 1977. The complaint was preceded by an information at the police station which was recorded in the general diary being entry no. 632 dated 27. 6. 1977. In this G. D. at the instance of Narayan Chandra pandit, the complainant, it is alleged that on the previous evening at about 8/8. 30 p. m. the informant's nephew Gopal Kundu, Nepal Kundu Tarak Kundu, gour Pandit, Haridas Pandit, Kesto pandit and Ranjan an Pandit trespassed into the house of the informant and assaulted the informant and his wife sm. Durga Rani Pandit with bamboo sticks as a result whereof both of them sustained injuries. After this the opposite party no. 2 filed a complaint on 14. 7. 1977 in which it is alleged that the accused persons, 8 in number, trespassed into the house of the complainant and started abusing the wife of the complainant in filthy language. The complainant protested when the accused persons fell upon him and assaulted him with fists, blows and lathi. The complainant having raised an alarm his wife came to his rescue when the accused persons likewise assaulted the complaint wife on different parts of her body with fists, blows and lathi. Thereafter other persons came and rescued the complainant and his wife It is further stated in the petition of complaint that the complainant's wife was radiologically examined and the examination revealed a fracture on the right hand.

(3.) ON the allegations as aforesaid, several charges were framed against the accused persons. Only 4 of the accused had been summoned. The charges framed against the accused persons were under Sees. 147, 323 and 447 of the Indian Penal Code. As against the petitioner gour Chandra Pandit a separate charge under Sec. 325 I. P. C. was framed for having voluntarily caused grievous hurt to Durga Rani Pandit.