NOOR NABI SK AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Petitioners have assailed the judgement and order dated May 22, 2002 passed by the learned Additional Sessions Judge, Fast Track Court-I, Krishnagar, Nadia in Criminal Appeal No. 1 of 2002 affirming the judgement and order of conviction and sentence dated November 13, 2001 passed by the learned Judicial Magistrate, 2nd Court, Krishnagar, Nadia in G.R. Case No. 3126 of 1991 whereby the petitioners were convicted for the offence punishable under section 323 I.P.C. and sentenced to suffer simple imprisonment for two months each and to pay a fine of Rs.400/- each in default of which to suffer simple imprisonment for twenty days each for the aforesaid offence.

(2.) Prosecution case, as alleged against the petitioners is that on November 7, 1991 at about 3.00 P.M. there was an altercation between Ajit Sk. and Hisab Sk. over the issue of playing cards in course of which Hisab Sk slapped Ajit Sk due to which he sustained bleeding injury on his ear. When Ajit and his brothers protested, Noor Nabi Sk, Ramjan Sk., Hisab and Bisarath Sk (petitioners herein) and others assaulted them with lathi, bamboo and brick bats in consequence of which Akkas Sk. and Baker Sk. sustained injuries.

(3.) On the basis of the written complaint of Janera Bibi, wife of Akkas Sk, Chapra P.S. Case No. 244/91 dated 7/11/91 was initiated under sections 147/148/149/325 I.P.C. against the petitioners. Upon conclusion of investigation charge-sheet was filed against all the petitioners under sections 147/148/149/325 I.P.C.