PARESH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against a judgment and order dtd. 30/4/2016 and 2/5/2016, passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad in Sessions Trial No. 07 (05) 2012 (Corresponding to Sessions Serial No. 49 of 2011), thereby convicting the appellant no.1 for the commission of the offence punishable under Sec. 324 of the Indian Penal Code and sentencing him to undergo simple imprisonment of 3 (three) years and to pay a fine of 1,000/-, in default to undergo simple imprisonment for a further period of one month and also convicting the appellants no. 2-4 for the commission of the offences punishable under Ss. 325/308/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for a period of 7 (seven) years for the commission of the offence punishable under Ss. 325/34 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of 7 (seven) years and to pay a fine of Rs.2,000.00 in default to undergo rigorous imprisonment for a further period of 2 (two) months for the commission of the offences punishable under Ss. 308/34 of the Indian Penal Code with a direction that all the sentences shall run concurrently in respect of appellant no. 2 - 4.

(2.) The appellants along with three others were placed on trial before the Learned Additional Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad (hereinafter referred to as the Learned Judge) in Sessions Trial No. 7 (5) 2012 (corresponding to Sessions Serial No. 49 of 2011) to answer charges framed against them for the commission of the offences punishable under Ss. 149/325/308/34 of the Indian Penal Code.

(3.) The case was registered for investigation on the basis of a complaint lodged by one Nidhu Saha (hereinafter referred to as the informant), with the Officer-in-Charge of the Salar Police Station. On the basis of the aforesaid complaint, Salar Police Station Case No. 94 dtd. 31/10/2008 was registered for investigation against the appellants and others for the commission of offences punishable under Ss. 147/148/149/448/323/324/326/308 of the Indian Penal Code.