SK DIDAR KHAN Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against an appellate Order dismissing the petitioners' appeal against their conviction and sentence under Section 323 of the Indian Penal Code.

(2.) The prosecution case was as follows : On March 28, 1961 at about 6-45 P.M. Sk. Sorab and Sk. Nuru with some other persons were cutting branches of sal tree in the Government forest at Kapagari. P. W. 1 Bakul Chandra Ghosh, P. W. 3 Nikunja Behari De and one Tushar Safar, all employed under the Forest Department of the Government, while on patrol, detected this P. W. 1 had a gun with him. When they tried to catch hold of those persons, all except Sk. Sorab and Sk. Nuru fled away, Sk. Sorab and Sk, Nuru were arrested and were being taken to the Beat office of the Forest Department but on way the petitioners along with some other persons surrounded P. W. 1 and the other employees of the Forest Department and petitioner Didar Khan forcibly snatched away the gun from P. W. 1 and broke it into two pieces by striking on the ground. Petitioner Mainuddin and one other person rescued Sk. Sorab and Sk, Nuru from the custody of the forest employees and all the petitioners assaulted P. Ws. 1 and 3 as a result of which P. W. 1 fell down unconscious but P. W. 3 managed to run away. P. W. 1 was then carried to the house of petitioner Mahatram Hossain and when P. W. 1 regained consciousness the petitioners asked him to go away. P. W. 1 demanded back the gun but this was not returned. P. W. 1 then went to Kuchissole Beat office, met the Range Officer there and then lodged the First Information Report at the thana at 1 A.m. on March 29, 1961.

(3.) On these allegations the petitioners were put on their trial along with Sk. Sorab and Sk. Nuru. Sk. Sorab and Sk. Nuru were charged under Section 379 of the Indian Penal Code for having committed theft of timber from the Government Forest. Petitioner Didar Khan was charged under Section 379 of the Indian Penal Code for having committed theft of the gun of P. W. 1. Petitioner Mainuddin was charged under Section 225-B of the Indian Penal Code and all the petitioners, 3 in number, were charged under Section 323 of the Indian Penal Code for having voluntarily caused hurt to P. Ws. 1 and 3.