SENTU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction and order of sentence passed on 15th March, 2010 by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore, in Sessions Trial No. 4 (7) 2006 (S.C. No. 217/2005). By the aforesaid judgment and order the learned Trial Judge found the appellants guilty of the offence punishable under Section 325 I.P.C. and sentenced the appellants to suffer Rigorous Imprisonment for one year each and to pay fine of Rs. 500.00 (rupees five hundred only) each in default, to suffer Simple Imprisonment for one month more.

(2.) THE facts leading to the present appeal in short, are as follows: -

(3.) ON 19th March, 2004 one Nizamuddin Biswas submitted a written complaint to Jalangi P.S. and thereby alleged that in the previous afternoon all the appellants being armed with lathi, iron rod, belt etc. entered his house and kidnapped his son Bablu Biswas and took his son to the house of one Younush Ali Mondal and assaulted his son there, causing severe bleeding injuries in the person of his son and he and his family members rescued his son from there. The complainant stated further that after the incident his son was at first taken to Sadhikhandier B.P.H.C. from where his son was shifted to the New General Hospital at Berhampore for better treatment. On the basis of such written complaint Jalangi P.S. case No. 47/2004, dated 19.03.2004 under Sections 448/325/307/34 I.P.C. had been started against the appellants and after completion of investigation charge -sheet under Sections 448/325/307/34 I.P.C. had been submitted against all the appellants. Thereafter, the case had been committed to the Court of Sessions in due course, and lastly the case had been transferred to the Court of learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore for trial.