GAKUL CHANDRA PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application under Section 397/401 read with Section 482 of the Code of Criminal Procedure has been filed challenging the judgement and order dated August 9th, 2005 passed by the learned Additional Sessions Judge, 3rd Court, North 24 -Parganas, Barasat in Criminal Appeal No. 8 of 2002 thereby affirming the conviction of the petitioner No. 1 and 2 under Sections 448/341/323 of the Indian Penal Code and the petitioner No. 3 and 4 under Section 448/323 of the Indian Penal Code and thereby directing all the petitioners to pay fine of Rs. 300/ - in default simple imprisonment for one month each under Section 448 of the Indian Penal Code then to pay fine of Rs. 500/ - in default simple imprisonment for two months each under Section 323 of the Indian Penal Code with a further direction upon the petitioner Nos. 1 and 2 to pay fine of Rs. 300/ - each in default to suffer simple imprisonment for one month for committing offence under Section 341 of the Indian penal Code arising out of the judgement and order dated January 18th, 2002, passed b y the learned Judicial Magistrate, 1st Court, Barrackpore, North 24 Parganas in C.R. Case No. 793 of 1998.

(2.) The case of the petitioners in short is that one Nemai Chandra Kundu lodged a complaint under Section 156(3) of the Criminal Procedure Code against the present petitioners including one Joydeb Paul.

(3.) The allegation leveled against them in the petition of complaint is that on July 25th, 1998 at about 6.30 A.M. all the accused persons forming an unlawful assembly trespassed into the Courtyard of the complainant and threatened him with dire consequences asking to withdraw the civil case filed against them by the complainant. The complainant objected to such criminal trespass and threatened by the accused persons then the accused persons abused him in filthy languages after restraining him unlawfully and assaulted him with fists and blows causing injuries on his nose and also other parts of the body. On hue and cry witnesses came to spot. The accused persons fled away.