SAILENDRA NATH Vs. ASWINI MUKHERJI

JUDGEMENT

(1.) This revisional application is directed against the order dt. 6-8-86 passed by the learned Addl. Sessions Judge, 1st Court, Burdwan in Criminal Appeal No. 16 of 1986 of that Court which the present appellant preferred against the order of the learned Chief Judicial Magistrate convicting and sentencing him to suffer R.I. for six months on each of the charges under Ss.323 and 354, I.P.C., the sentences having been ordered to run concurrently. As the learned Addl. Sessions Judge dismissed the appeal, the said appellant has preferred the present revisional application.

(2.) The findings of facts of both the courts below are that in the afternoon of 24-3-83 Smt. Nandarani Mukherji while returning home with her disabled daughter in her lap the accused-appellant, the present petitioner abused her in filthy language and slapped her twice on her cheek as a result of which Smt. Mukherji fell down and that thereafter the present petitioner kicked her on the waist. These findings of facts of the courts below are based on consideration of evidence. The learned Advocate for the petitioner does not urge that there is no evidence to support findings. He wanted us to come to a different finding on the basis of the evidence adduced in this case which we are unable to do because the findings of both the courts below cannot be said to be vitiated either by absence of evidence or by non-consideration of evidence on record. So these findings cannot be challenged in exercise of revisional jurisdiction. In the absence of any error or irregularity, procedural or otherwise we are unable to interfere with such findings of facts. Now it is to be considered as to whether on the basis of the facts it can be said that the offences punishable under Ss.323,I.P.C. and 354, I.P.C. have been brought home to the present petitioner.

(3.) As a result of being slapped by the petitioner Smt. Mukherji, as already noted, fell down on the road and having thereafter been kicked by the present petitioner on the waist Smt. Nandarani Mukherji suffered injury. The Courts below have found on the basis of the evidence of the medical officer and other evidence that Smt. Mukherji suffered injury as a result of being thus assaulted by the present petitioner. So in view of such findings of facts the courts below have rightly found that an offence punishableS under S. 323, I.P.C. has been committed by the present petitioner who having received injury in the manner aforesaid must have suffered bodily pain thereby.