SUNIL KUMAR DEY Vs. STATE

JUDGEMENT

(1.) THE learned Metropolitan Magistrate, 11th court, Calcutta on June 8, 1977, convicting the appellants under Sections 323 and 504 I. P. Code. In the concluding portion of the judgment the learned magistrate observed -

(2.) FEELING aggrieved at the order the appellants have preferred the present appeal.

(3.) THE case was initiated on the complaint of the respondent no. 2, Saraj Kumar Dey of 52, Kailash Bose Street. The appellants Sunil Kumar Dey, Gopal Chandra Dey and Barun Kumar Dey are brothers of respondent no. 2 and they all reside in the same premises. The respondent no. 2 complained by filing a petition of complaint in the court of the learned Additional Chief Presidency Magistrate on 16. 8. 1973, that on 15. 8. 73 at about 10. 00 a. m. the accused persons (appellants herein) disconnected the electric line belonging to the petitioner (respondent no. 2) and when the petitioner asked his younger brother, Arun Kumar Dey (P. W. 2) to reconnect the same, the accused persons in a body assaulted the petitioner with fists, blows and lathies causing bleeding injuries on his person and further abused the petitioner in filthy language thereby provoking breach of peace.