PARESH CHANDRA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revision application has been preferred assailing the judgement and order dtd. 31/5/2019 passed by Ld. Additional Sessions Judge, Dinhata, Cooch behar in connection with Criminal Appeal no. 06(D) of 2018 corresponding to CIS No. 06 of 2018 wherein Ld. Additional Sessions Judge affirmed the judgement and order dtd. 29/8/2018 passed by Ld. Additional Chief Judicial Magistrate (for short ACJM), 2ndCourt, Dinhata in connection with G.R. Case no. 89 of 2007 corresponding to T.R. Case no 255 of 2015 arising out of Dinhata Police Station Case no. 78 of 2007 dtd. 21/2/2007 under Ss. 342/323/325/326/307/34 of the Indian Penal Code (for short IPC) wherein the Ld. ACJM was pleased to held the appellants guilty of committing offences punishable under Sec. 323 and 341 of the IPC and accordingly pronounced sentence of imprisonment for 3 months for commission of offence punishable under Sec. 323 of the IPC and also imprisonment for 15 days for commission of offence punishable under Sec. 341 of the IPC and also directed the said two period of sentences to run concurrently. Background:-

(2.) This case was initiated by an application under Sec. 156(3) of the Code of Criminal Procedure (for short CrPC) on 20/2/2007 before the Court of Ld. ACJM, 2ndCourt, Dinhata, by the defacto complainant namely Paresh Chandra Barman alleging inter alia that on 18/2/2007 at about 7/7.30 a.m. when the defacto complainant,his mother and his brothers were going to the Tobacoo field, all the accused being armed with motor cycle chain unleashed an attack on the defacto complainant, his mother and his brothers causing the mother of the defacto complainant serious injury and two brothers namely Brojen Barman and Pravas Barman bleeding injury on ear and fractured bleeding injury on head respectively which the Ld. ACJM, 2ndCourt, Dinhata, in tern, was pleased to forward to the Dinhata police station for investigation.

(3.) A specific case was started under Dinhata PS case no. 78 of 2007 dtd. 21/2/2007 under Sec. 342/323/325/326/307/34 of the IPC and after investigation charge sheet was submitted under Sec. 341/323/324/34 of the IPC.