SAMIR BARAUI @ BARUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Doubting the correctness of the judgement and order of conviction dated 28.06.2012 and 29.06.2012 passed by learned Additional Sessions Judge, 5th Court, Krishnagar, Nadia in S.T. No. IX (August), 2010 the appellant has preferred this appeal with a prayer for setting aside the impugned judgement and order of conviction.

(2.) According to the appellant, learned Trial Court has failed to appreciate the evidence of the prosecution witnesses in its proper perspective. He candidly submitted that the appellant also suffered injury which is emanating from the evidence of the prosecution witnesses. In spite of that there is no explanation given by the prosecution. He also contended that one of the victims has also declared hostile and had given sommersault.

(3.) In the interest of the effective adjudication, factual scenario is required to be recapitulated. According to the defacto complainant, her husband was returning from his office on 13.09.1999 at about 10 P.M. and while he was entering into his house suddenly the appellant assaulted him from behind and he sustained bleeding injury. He was taken to a hospital and local people caught the appellant on this spot. Both of them were hospitalized.