RAMESH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 26.06.2006 passed by the learned Additional Sessions Judge, 3rd Court (Special), Jalpaiguri in Criminal Appeal No.10/2005, wherein the learned Appellate Court was pleased to dismiss the appeal and affirm the judgement and order of conviction and sentence dated 22.09.2005 passed by the learned Judicial Magistrate, 1st Court, Jalpaiguri in connection with G.R. Case No.126/2001 (TR No.1046/2001) arising out of P.S. Dhupguri Case No.10/2001. The learned Judicial Magistrate, 1st Court, Jalpaiguri by his judgment and order dated 22.09.2005 was pleased to convict/impose sentence to all the four petitioners and sentenced them to suffer simple imprisonment for 3 (three) months and pay a fine of Rs.100 (one hundred) each i.d. to suffer simple imprisonment for another 15 (fifteen) days for the offence under Sec. 324 of the Indian Penal Code and also sentenced them to pay fine of Rs. 500 (five hundred) each i.d. to suffer simple imprisonment for another 1 (one) month for the offence punishable under Sec. 323 and 341 of the Indian Penal Code.

(2.) The Prosecution case in brief is that on or about 28.01.2001 at about 09:45 hours the de-facto complainant Putul Roy lodged a written complaint with Dhupguri Police Station to the effect that on 28.01.2001 at about 7:00 hours, the accused persons assaulted her and her husband (Biren Roy) in furtherance of their common intention with axe, iron rod and other deadly weapon. As a result she sustained injury and her husband sustained grievous injury and he was shifted to Sadar Hospital Jalpaiguri after being referred by Dhupguri hospital for better treatment.

(3.) On the basis of the aforesaid written complaint Dhupguri Police Station Case No.10/2001 dated 28.01.2001 was registered for investigation and on completion of such investigation the charge-sheet was filed against the accused/ petitioners for offences punishable under Sections 341/323/324/34 of the Indian Penal Code.