NIRMALYA THUNDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgement and order of conviction dated March 29, 2008 passed by the Additional Sessions Judge, Fast Track Court, Kakdwip, South 24-Parganas in Sessions Trial No.1(6) of 2007 arising out of Sessions Case No.5(4) of 2007 where the appellant was convicted under section 323 IPC and sentenced to suffer three months' imprisonment and a fine of Rs.500/- in default.

(2.) The prosecution case in brief is this. The appellant and five other persons on November 7, 2006 at about 6 a.m. attacked one Santosh Kumar Samanta, PW2; his daughter Snigdha Samanta, PW1; and her mother with sticks. The incident occurred when the PW1 was affixing cow dung cakes (used as fuel in cooking fire fuel) on a particular wall that the appellant's family claimed to be theirs.

(3.) In connection with ownership of the wall, there was long-standing dispute between the families of the victim and the appellant. On the day of occurrence, the victim is stated to have received a major blow on his head inflicted by the accused persons, particularly the appellant who was found to be bleeding and had become unconscious. He was admitted to a hospital and remained there for about fifteen days. The victim's daughter, wife and mother were also assaulted and sustained minor injuries. The mother never came to depose before court.