SAMBHU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Criminal Revisional application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C. ) has been preferred by three convicts, namely, Sambhu Das @ Shambhu Das, Pintu Mukherjee and Prasanta Pakray @ Prasanta Pakraz @ Shibu, challenging the correctness, legality and propriety of the impugned judgment dtd. 15/12/2016 passed by the Learned Additional Sessions Judge, Fast Track 2nd Court, Sealdah, South 24-Parganas in Criminal Appeal No. 28 of 2016 whereby and whereunder the Learned Judge affirmed the judgment dtd. 17/5/2016 passed by the Learned Judicial Magistrate, 6th Court, Sealdah, South 24-Parganas in connection with GR Case No. 2370 of 2005/T.R. No. 321 of 2006 arising out of Narkeldanga P.S. Case No. 451 of 2005 dtd. 31/12/2005 under Ss. 341/323/114 of the Indian Penal Code (in short I.P.C. ).

(2.) By the said judgment, the learned Trial Court convicted the above three accused persons under Sec. 323 of the I.P.C. and sentenced them to suffer simple imprisonment for six months and to pay a fine of Rs.1,000.00 each; in default, to suffer further imprisonment of one month.

(3.) The brief facts, leading to filing of this instant Criminal Revisional application, are that an FIR being Narkeldanga P.S. Case No. 451 of 2005 dtd. 31/12/2005 under Ss. 341/323/114 of the I.P.C was registered when a written complaint was lodged by the de-facto complainant/victim/opposite party no. 2, Jogindar Chowdhury, to the effect that on 30/12/2005 at about 9:30 pm, the accused persons came to his shop and demanded a packet of cigarette, however, the victim made them wait for some time as he was occupied. However, the accused persons became furious and started abusing him in filthy language, and when he raised a protest, suddenly the accused persons caught hold of his shirt, wrongfully restrained him and assaulted the victim with fists and blows. As a result, the victim sustained injuries on his person. He was removed to N.R.S. Hospital for treatment.