SANTOSH SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the outset, we are informed that appellant no.8 in CRA 589 of 2015, namely, Raj Kumar Mondal has instituted a separate appeal being CRA 629 of 2015. Accordingly, subsequent appeal preferred by the appellant being CRA 629 of 2015 is dismissed as not maintainable.

(2.) The appeals being CRA 588 of 2015 and CRA 589 of 2015 are taken up for hearing analogously and are disposed of by a common judgment.

(3.) The prosecution case, as alleged, against the appellants is to the effect that on 9.3.2002 at about 9.30 p.m. when Sujit Mondal (P.W.1) along with his cousin Uttam Mondal (P.W.2) were returning from village Fatullapur after attending Manasa Gan, Santosh Saha, Subhas Saha, Paresh Saha and others flashed torches on their faces and when they protested, they assaulted them with fists and blows. They also threatened them with dire consequences. In the night the women folk in their families abused the aforesaid persons. Thereafter the matter was dropped.