HARE RAM BOURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgement order dated 7.01.2006 wherein the learned Additional and Sessions Judge, 2nd Court, Purulia in Criminal Appeal No.12 of 2004 was pleased to acquit all the accused persons by reversing the order of conviction and sentence passed by the learned Judicial Magistrate, 4th Court, Purulia. It is seen from the records of the case that the learned Judicial Magistrate, 4th Court, Purulia, on conclusion of the case convicted the accused persons under Sections 147/149/323/324 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for 3(three) months each for the offence under Section 147 of the Indian Penal Code; rigorous imprisonment for 3 (three) months each for the offence under Section 323/149 of the Indian Penal Code and to suffer rigorous imprisonment for 6 months each with fine of rupees 250 in default simple imprisonment for another 15 days.

(2.) The instant case arose out of a complaint filed by one Hare Ram Bouri with Arsha Police Station, pursuant to which Arsha Police Station Case No. 30 of 2001 dated 3.06.2001 was registered for investigation under Sections 147/148/149/323/325/506 of the Indian Penal Code.

(3.) The prosecution case in short is that at about 11 a.m. on 3.06.2001 the complainant and others went to demarcate their purchased land by measuring the same with the aid of an amin and after measurement the said land was demarcated by placing stones at the boundary of the land. At that time the accused persons came there and started lifting the said stones and threw them away. The complainant and his nephew Debabrata Bouri then tried to pacify the matter, but suddenly Rabindranath Mahato caught the complainant from behind and Muchiram hit the complainant at his back by stone and Ranjit Mahato gave a blow of axe on his forehead. Complainant also saw that Bibhuti Mahato got hold of Debabrata Bouri and Pandit Mahato assaulted him at his head by tabla. Accused persons fled away from the spot and complainant thereafter had no other option but to file the complaint with the police authorities