RATAN CHANDRA MONDAL Vs. DHANONJOY MONDAL AND OTHERS

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 28.5.2003 passed by learned Chief Judicial Magistrate, Barasat, North 24-Parganas, in Case No.C-1120 of 1999 acquitting the accused/opposite party Nos.1 to 4 herein of the accusation of commission of offences punishable under Sections 323/504 of the Indian Penal Code.

(2.) Prosecution case, as alleged, against the accused persons/opposite parties is to the effect that on 24.7.1999 at about 5.00 p.m. while the appellant was cutting trees adjacent to his window the accused persons assaulted him with fists and blows and caused serious injuries on his person. He raised hue and cry whereupon some tenants and his elder sister, Chedda Paramanik appeared and released him from the grip of the accused persons. The opposite party nos.2 and 4 also attacked the elder sister of the appellant when she had come to rescue himfrom their clutches. The accused persons also abused them with filthy language and threatened them with dire consequences. The appellant was treated in Dum Dum Municipal Hospital. Complaint was lodged against the opposite party nos. 1 to 4 herein. Substance of accusation under Section 323/504 of I.P.C was read out and explained to the accused persons/opposite parties. They pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined four witnesses. The defence of the accused persons/opposite parties was one of innocence and false implication due to long standing dispute over ancestral property. In conclusion of trial, the trial Judge by judgment and order dated 28.5.2003 acquitted the accused persons/opposite parties, as aforesaid.

(3.) Nobody appeared for the appellant. Mrs. Sinha, amicus curiae submitted that there was evidence on record to show that the appellant was assaulted by the opposite parties. The trial Judge illegally refused to tread the medical reports as public documents and illegally acquitted the opposite parties.