THANESWAR GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition in revision is directed against the judgement and order dated 13.2.87 passed in Criminal Appeal No. 51 of 1986 by Shri S. I. Saha, Additional Sessions Judge, 6th Court at Midnapur. The petitioner, being the de-facto complainant in G.R. Case No. 1060/76, is aggrieved by the impugned order for the reason that the appeal was allowed and the accused/O.P No. 2 and 3, namely, Kalyan Dutta and Jagdish Dutta were acquitted of the offences under section 448 and 323 of the I.P.C. Earlier, the accused/O. Ps, having been charged of the offences under sections 448, 323 and 325 of the I.P.C. had been convicted by the trial Court under section 448 and 323 of the I.P.C and were sentenced to pay fine of Rs. 250/-each and, in default, to suffer S.I. for 15 days for the offence under section 448 of the I.P.C. and, further, to pay a fine of Rs. 250/- and, in default, to suffer S.I. for 15 days for the offence under section 323 of the I.P.C.

(2.) The prosecution case as narrated by the petitioner is that he along with his brothers, namely, Taraknath Gayen and Niranjan Gayen purchased half share of the house situate at Patna Bazar, P.S. Katualy, District-Midnapur from one Sanat Kumar Dey by virtue of a registered deed of sale dated 6.4.76. The petitioner entered into possession of the said house since the date of the purchase and also kept a gold pressing machine therein. On April 18, 1976 at about 4/4.30 P.M. when the petitioner was looking after the said machine in a room of the aforesaid house, the accused/O. Ps No. 2 and 3 suddenly entered into the room and asked to remove the said machine there from. The petitioner refused to do so and, thereupon, the accused/O. Ps assaulted him with fist and pushed him out of the room. When the petitioner tried to enter into the room again, one of the accused/O.P. namely, Jagdish Dutta struck him on his left hand with a wooden bar of the door as a result of which the petitioner sustained fracture injury on his left hand.

(3.) After the occurrence, the petitioner went to the Kotawali Police Station and narrated the incident. The police recorded an entry in the G.D. and advised him to go to the hospital so as to obtain an x-ray report. Subsequently, after a lapse of a week i.e., on 23.4.76 when the petitioner produced an x-ray report of a homeopathy hospital, the police suo moto recorded the F.I.R, investigated into case and, ultimately, submitted a charge sheet.