MONILAL MANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order of conviction of the appellant under Section 307 of the I.P.C. and sentence to suffer rigorous imprisonment of 8 years with a fine of Rs. 500/- in default to suffer rigorous imprisonment of six months passed by the learned Assistant Sessions Judge, Additional Court, Bankura on 13-9-1988 in ST. 6(7)88 arising out of 17(4)88.

(2.) Six accused persons who faced trial before the learned Assistant Sessions Judge under Section 148/307/149 of the I.P.C. trespassed into the plot No. 345 belonging to Ram Chandra Mandi by force and started ploughing it. When Ram Chandra went to resist them the accused persons hit him by an arrow which pierced through his shoulder resulting serious injury to him. The part of the weapon was still in the body and it could not be extracted out. This incident took place on the land of the injured at 8 a.m. on 26-8-1987.

(3.) This was the FIR lodged by Ram Chandra Mandi with the O. C. Chhatna P.S. at 13.30 hours on 26-8-1987 whereupon Chhalna P.S. Case No. 4/41 dated 26-8- 1987 was registered against the six persons under Sections 147/148/149/447/325/ 326 of the I.P.C.