BALARAM SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 22.08.2014 passed by the Additional Sessions Judge, First Court, Purulia in Sessions Trial No. 21 of 2014/ Sessions Case No. 93 of 2014 thereby convicting the appellant for the offence punishable under Sec. 325 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 5 years and also to pay fine of Rs. 5,000.00 in default to suffer simple imprisonment for a period of two months.

(2.) The complainant lodged written complaint before Arsha Police Station, inter alia, alleging that on 01.12.2013 at about 7 A.M. when her mother namely, Pakshibala Poddar was proceeding with cow dung on her head to store the way to the house of Balaram Singh, the appellant who suddenly ran towards her with an axe and assaulted violently on her head. She fell on the earth, the appellant assaulted her by a stone on her face and said that he would kill her. As a result of assault, she became unconscious with profuse bleeding. Then the complainant, Paru Poddar and Pinki Poddar came to save her mother, Pakshibala Poddar and they were pushed down by the appellant and abused by calling her a witch and held out threat with dire consequences. Thereafter her mother was shifted to Purulia Sadar Hospital for treatment.

(3.) On the above complaint, Arsha P.S. Case No. 112/13 dated 01.12.13 under Sections 323/325/326/307/506 of the Indian Penal Code was registered. After completion of investigation, the Investigation Officer (in short, "IO") submitted charge sheet no. 04/14 dated 27.1.14 under Sec. 323/325/326/307/506 of the Indian Penal Code against the appellant to face trial in open court.