PANCHUGOPAL CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 28.02.1989 passed by learned Additional Sessions Judge, 2nd Court, Midnapore in Sessions Trial No. VII/Oct. of 1987 convicting the accused/appellant no. 1 for commission of offences under Sections 324/354/147 of the Indian Penal Code, appellant no. 2 for commission of offences under Sections 379/324/147 IPC and appellant nos. 3 to 6 for commission of offences under Sections 324/147 IPC and releasing them on probation of good conduct on their furnishing a bond of Rs. 2,000/- each with two lawyer sureties of like amount for a period of two years.

(2.) The prosecution case, as alleged against the appellants, is to the effect that there was dispute between Asit Kumar Majumdar and the members of the club named Kalimata Sangha and a civil suit was instituted against the members of the said club who had forcibly occupied a portion of the land to construct a club room. A local inspection was held by the commissioner appointed by the civil court on 04.05.1986 between 12 noon and 4 P.M. After the commission work was done, the appellants along with other accused persons followed Asit Kumar Majumdar and in order to save himself Asit left for Kolaghat to proceed to Kolkata. The appellants and other accused persons being variously armed with lathi, iron rod and knife accosted Asit and assaulted him when local people intervened. Asit ran away from the place of occurrence. Hearing the commotion, his brother and two sisters, namely, Ajit Majumdar, Ratna Rani Ghosh and Jharna Bose came to the place of occurrence and was also assaulted by the appellants and other accused persons. They also committed theft of gold bangles and outraged the modesty of Ratna Ghosh.

(3.) On the written complaint of Asit Kumar Majumdar, criminal case was registered. In conclusion of investigation charge-sheet was filed against the appellants and other accused persons.