ARUN KUMAR JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against a judgment and order dated 30th April 2008 passed by the Additional Sessions Judge, Fast Track Court, Kakdwip, South 24 Parganas in Sessions Trial No. 2(6) 07 arising out of Sessions Case No. 72 (3) of 2007. By reason of the said judgment and conviction the appellant was convicted under Section 323/324 of the Indian Penal Code.

(2.) The prosecution case in brief is that one Nishikanta Barman (PW-1), father of the victim, lodged a complaint with the Officer in-Charge, Namkhana Police Station on the 8th of April 2006. It was stated in the complaint that his son Arup Barman (PW-2) (victim), was going to Namkhana market from his house on a bicycle. He crossed a "Ring bund" near a rice mill called "Bangalakshmi Rice Mill". PW-2 is stated to have seen a van carrying sawed wooden logs was parked in the middle of the road and was blocking free passage. PW-2 asked the van puller (PW-5) and his brother (PW-7) present thereat to remove the same when the appellant Arun Jana, to whom the logs were to be delivered and who was standing near a "Trailer" under repair, rushed towards PW1 and abused him in filthy language. The appellant is also stated to have assaulted the victim on the head and different parts of the body with an iron rod.

(3.) In an attempt to fight back the PW-2 bit off the appellant's finger.The appellant is also stated to have attempted to crush the testicles of the appellant with his hands. A separate complaint is stated to have been lodged by the appellant in this regard.