GOUTAM SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This connected application being CRAN 2 of 2026 has been preferred with a prayer for composition of an offence on the ground of post revisional settlement after the final order passed by this court on 2/3/2026, in the revisional Application being CRR 3174/2018, by which this court altered the conviction of the petitioners from sec. 326 to sec. 325 of the Indian Penal Code and thereby reduced the sentence to suffer simple imprisonment for 6 months along with fine.

(2.) Let me first reiterate the background of the case. On March, 21 2010 the complainant/ applicant herein lodged an FIR alleging commission of offence punishable under sec. 326/34 of the IPC against 6 accused persons. After trial by a judgment and order dated February, 26 2019 the trial court convicted all the 6 accused persons under sec. 326/34 of the IPC and was further pleased to sentence them to rigorous imprisonment of one year along with fine of Rs.5000.00, in default further rigorous imprisonment for two months.

(3.) Being aggrieved by and dissatisfied with the judgment and order passed by the trial court, the convicted persons preferred an appeal before the Chief Judge, City Sessions Court, being Criminal Appeal no. 21 of 2018. Said appeal was finally heard and disposed of by the appellate Court vide judgment and order dated September, 10 2018, thereby affirming the judgment and order dated February, 26,2018 passed by the trial court.