STATE OF WEST BENGAL Vs. BHATU SK

JUDGEMENT

(1.) Appeal is at the behest of the State of West Bengal seeking enhancement of sentence directed against judgment and order of conviction dated June 17, 2019.

(2.) By the impugned judgment, the learned trial Court convicted the accused Bhatu Sk and Motor Sk. @ Motar Sk under Ss. 448/324 of the Indian Penal Code. Learned trial Court, however, did not proceed to sentence the convict and release them on probation of good conduct in terms of Sec. 4(1) and (3) of the Probation of Offenders Act read with Sec. 360 of the Criminal Procedure Code.

(3.) There was an altercation between the family members of the complaining party as well as the accused on February 26, 2016 over breaking of fencing. Later on, the accused persons being armed with sharp cutting weapons attacked the house of the complainant and assaulted the complainant and others causing bleeding injuries. It has also been stated in the written complaint that, the injured persons fell unconscious and were taken to hospital for medical treatment.