BIDHAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 14/2/2019 & 15/2/2019 passed by the Learned Additional District & Sessions Judge, 5th Court, Krishnagar, Nadia in Sessions Trial No. IV(III)/18 arising out of Sessions Case No. 24(11)/17, wherein the Learned Trial Court was pleased to convict the appellant under Ss. 448/325 of the Indian Penal Code and sentenced him as follows:

(2.) Kotwali P.S. case no. 228/17 dtd. 9/5/2017 was registered for investigation under Ss. 447/323/325/308/506/34 of the Indian Penal Code. On the basis of an application under Sec. 156(3) of the Code of Criminal Procedure filed by Fulkali Sharma (PW1) before the Learned C.J.M., Nadia, it was alleged that the accused persons being Bidhan Mondal, Samar Mondal, Sachin Mondal, Sharmila Sarkar, Suchitra Sarkar, Subol Sarkar, Asima Mondal and Kumaresh @ Kumli Sarkar entered in the house of the complainant armed with lethal weapons like dah, sticks and iron rods and started abusing the complainant's husband. When the complainant protested the accused persons broke the iron Gate of her house and with the intention to kill her, recklessly inflicted blows with dah and iron rod aiming at her head.

(3.) Complainant tried to resist the same with her hands as a result of which she sustained injuries at her left hand and all over the body. When her husband tried to save the complainant the accused persons assaulted him also with iron rod. Then the neighbours rushed to the spot on hearing such hue and cry when the accused persons fled away after threating them. Kotwali police station was informed over phone and after they reached, the complainant and her husband was admitted at Saktinagar Hospital. The complainant after being discharged from Saktinagar Hospital was admitted at Krishnagar Central Nursing Home under Dr. Jayanta Pathak on 13/3/2017 and had to undergo operation over her hand. The complainant alleged that although her husband lodged complaint against the accused persons on 4/3/2017 but no investigation was initiated. Subsequently, information was sent by her to the Superintendent of Police but Police authority remained inactive as such she prayed for direction upon the Police authorities for initiating an investigation. On the basis of the application under Sec. 156(3) of the Code of Criminal Procedure, directions were passed and Kotawali Police Station, registered case against the accused persons on 9/5/2017. The said case was endorsed by the Inspector-in-Charge of the Police Station to ASI M. Rahaman. The investigating officer on conclusion of investigation submitted charge-sheet on or about 31/5/2017 before the Learned C.J.M. Nadia, under Ss. 447/323/325/326/308/506/34 of the Indian Penal Code.