PAPPU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order of conviction dtd. 18/3/2009 passed by the Learned Additional Sessions Judge, Fast Track Court, 1st Court, Baruipur, District- South 24 - Parganas in Sessions Trial No. 1(2)06 arising out of Sessions Case No. 91(4)04 convicting the appellant for the offence punishable under Sec. 323 of the Indian Penal Code and sentencing him to suffer simple imprisonment for six months and to pay a fine of Rs.1,000.00 in default, he shall suffer further simple imprisonment of two months.

(2.) The prosecution case precisely stated one Smt. Jyotsna Debnath, wife of Parimal Debnath of village- Arabinda Pally, Police Station - Canning, District - South 24 - Parganas lodged a written complaint, inter alia, alleging that on 28/2/2002 at about 9.45 hours when she accompanied by her husband were returning home after closing the grocery shop, a young person with the help of Smt. Bijali Roy and Netai Roy assaulted her husband a 'bhojali' from the left side on the head of her husband at the junction of P.W.D. Road and Arabinda Pally who sustained bleeding injury and collapsed. She informed the incident to the Canning Police Station and the husband of the de-facto complainant was admitted at Canning Rural Hospital. The accused persons snatched Rs.3,000.00 from the husband of the complainant.

(3.) On the basis of the said written complaint, Canning Police Station Case No. 25 of 2002 dtd. 28/2/2002 was registered under Ss. 326/ 307/ 379/ 120B of the Indian Penal Code against the appellant and others and an investigation ensued.