AJIT KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 16/3/2011 passed by the Learned Additional Sessions Judge, 5 th Court, Murshidabad in Sessions Trial No.10 of 2005 (Sessions Serial No.538 of 2005) which was pending before the Learned Additional Sessions Judge, 5 th Court, Murshidabad, arising out of Jalangi Police Station Case No.147/2001 dtd. 12/1/2001, thereby convicting the appellant for offence punishable under Sec. 325 of the Indian Penal Code and sentencing him to suffer simple imprisonment for 1 year and to pay a fine of Rs.10,000.00, in default, to suffer further simple imprisonment for one year.

(2.) Jalangi P.S. Case No.147/2001 dtd. 12/1/2011 under Ss. 325/308/34 of the Indian Penal Code was registered for investigation on the basis of a written complaint lodged by one Iti Sarkar PW-1 (de facto complainant).

(3.) The prosecution case precisely stated:-