JHAGRU TEWARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused Jhagru Tewari was convicted by a Magistrate of an offence under Section 325 of the Indian Penal Code on a charge of having caused grievous hurt to one Rajendra Nath Biswas. He was sentenced to rigorous imprisonment for one year and also to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months more. It was ordered that out of the fine, if realised, Rs. 500/- would be paid to Rajendra Nath Biswas. The appeal was dismissed by the Additional Sessions Judge, Burdwan.

(2.) The prosecution case was that on 27-10-1956 at about 7 O'clock in the morning when Rajendra Nath Biswas was on his way to the Colliery from his quarters this petitioner who had been lying in ambush suddenly attacked him and inflicted numerous injuries including fractures of some of the bones. The injured man was taken to the Colliery hospital and from there he was taken to Sanctoria hospital. A charge sheet under Section 307 of the Indian Penal Code was submitted against him by the Police after investigation and the Magistrate started enquiry in accordance with the provisions of Section 207A of the Code of Criminal Procedure. After four witnesses had been examined by him, the Magistrate was of opinion that the evidence and documents did not disclose any grounds for committing the accused for trial, but he was of opinion that the accused should be tried before himself on a charge under Section 325 of the Indian Penal Code. Accordingly, he framed a charge under Section 325 of the Indian Penal Code against the accused for having caused grievous hurt to Rajendra Nath Biswas.

(3.) The accused pleaded not guilty to this charge. The Magistrate then fixed 22nd of May 1957 for cross-examination of the witnesses already examined on behalf of the prosecution in the enquiry and fixed 23-5-1957 for evidence of further prosecution witnesses. Ultimately, those four witnesses were cross-examined on several dates and thereafter seven more witnesses were examined on behalf of the prosecution and cross-examined on behalf of the prosecution and cross-examined on behalf of the accused. Thereafter, the accused was examined under Section 342 of the Code of Criminal Procedure; no defence witnesses were examined; and after hearing arguments of both sides the learned Magistrate delivered judgment finding the accused guilty under Section 325 of the Indian Penal Code and sentenced him as aforesaid.