MOJAFFAR HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 22nd January, 2009 passed by the Ld. Additional Sessions Judge, Cooch Behar in Criminal Appeal No. 5/2008 wherein the Ld. Appellate Court was pleased to affirm the judgment and order dated 2nd January, 2008 passed by the Ld. Judicial Magistrate, 1st Class, Mekhliganj, Cooch Behar in connection with G.R. Case No. 42 of 2003. The Ld. Trial Court was pleased to hold the present petitioners guilty of offences punishable under Sections 143/341/324/325 of the Indian Penal Code (IPC) and sentenced each of them. The Ld. Trial Court for the offence under Section 143 of the IPC imposed a fine of Rs. 500/- i.d. S.I. for 15 days, for the offence under Section 342 imposed a fine of Rs. 500/- i.d. S.I. for 15 days, for the offence under Section 324 of the IPC S.I. for 1 year and to pay a fine of Rs. 500/- i.d. S.I. for 1 month, for the offence under Section 325 of the IPC S.I. for 2 years and to pay a fine of Rs. 500/- i.d. S.I. for 1 month. The Ld. Appellate Court concurred with the findings of the Ld. Trial court so far as the order of conviction is concerned, however, the Ld. Appellate Court modified only the sentence relating to Section 325 of the IPC to S.I. for 1 year.

(2.) The prosecution case in short is that one Saira Banu, wife of Sahidul Islam, resident of Haldibari informed the Officer-in-Charge, Haldibari Police Station to the effect that her husband Sahidul Islam had been cultivating a particular land for more than 15 years. On 1st March, 2003 at about 9 AM when he was cultivating his land along with Mustafa, the neighbors namely, Mojaffar Hossain, Moynul Haque, Rafikul Islam, Faridul Haque, Fazlul Haque and Firoza Khatoon with the aid of sharp weapons attacked them. The complainant's husband and Mustafa being assaulted raised hue and cry, hearing which the complainant's nephew, Samiruddin went to save them, who was also assaulted. The complainant alleges that the accused persons with the aid of deadly and sharp weapons injured the head of the complainant's husband, as a result of which, he lost his senses and the other two victims suffered grievous injuries on their person. All the injured were taken to Haldibari Hospital and from there to Jalpaiguri Hospital. The complainant therefore requested the Officer-in-Charge of the police station to take appropriate action against the named accused persons.

(3.) On the basis of the aforesaid complaint Haldibari Police Station Case No. 19 dated 1st March, 2003 was registered for investigation under Sections 143/341/324/326 of the IPC against the aforesaid named six persons. On completion of investigation the Investigation Officer (IO) submitted chargesheet under Sections 143/341/353/354/326 of the IPC against five of the accused persons and as no evidence could be collected against Firoza Khatoon, she was discharged from the case.