STATE OF ASSAM Vs. RANJIT RANJAN BISWAS

JUDGEMENT

(1.) This appeal under section 378(1) of Cr.P.C. is directed against the judgment of acquittal dated 25.10.1986 passed by the learned Chief Judicial Magistrate, Karimganj in G.R. Case No. 739/84 acquitting the respondents, namely, Shri Ranjit Ranjan Biswas and Shri Ranjit Chandra Dey of the charges under sections 325 and 326 of IPC.

(2.) The case of the prosecution, shortly put, is that on 15-7-1984 between 5 p. m. to 6 p. m. informant Shri Sailesh Chandra Roy, who is an electric mechanic of Karimganj Railway Station was checking up the electric mechanism of the train bearing No. 113 UP. At that time accused persons, namely, Ranjit Biswas and Ranjit Ch. Dey along with a few others approached him and told him that they were not getting water. The informant told them that out of the two pipe lines one was dosed and that would be opened as soon as the train would leave the Station, The accused persons insisted on opening the other pipe line. The informant hawing denied to do so accused Ranjit Ch. Dey, it was alleged, started giving him blows on holding the collar of his shirt and the other accused took up an iron cover meant for fitting the tube light and attempted to strike a blow on the head of the informant. The informant, however raised his hand to get rid of the blow but in the process the blow fell on his left thumb causing severe bleeding injury. On hearing the cries raised by the informant, a few persons, namely, Birendra Das, Makhan Lal Dutta and some G.R.P, Personnel rushed to the scene of occurrence when the accused persons fled away.

(3.) Thereafter, the informant Shri Sailesh Ch. Roy lodged a written ejahar with O/C GRP Karimganj alleging that he was beaten and injured by Ranjit Ranjan Biswas and Ranjit Ch. Bey inside his office room at about 6. 10 p.m. O/C, GRP Karimganj entered the gist of this information into the G.D. bearing No. 233 dated 15.7. 1984 at 7 p.m. and forwarded this written complaint to O/C Badarpur GRP P-.S. for registering the case. On receipt of this written ejahar O/C, Badarpur GRP P.S. fillled up the prescribed form of FIR and registered a case under sections 447/325 of IPC against the accused, namely, Ranjit Ranjan Biswas and Ranjit Ch. Dey and endorsed the case to the Sub-Inspector Shri P.K. Das for investigation of the case. After investigation both the accused Ranjit Ranjan Biswas and Ranjit Ch. Dey were charge- sheeted for their prosecution under sections 448/326 of IPC. The accused persons appeared before the court of learned C.J.M., who.after perusal of the materials placed before him framed two distinct charges, namely, one under section 325 of IPC for causing grievous hurt on the person of Sailesh Ch. Roy by means of blunt weapon and another charge under section 326 of IPC for causing grievous hurt on the person of the aforesaid Sailesh Ch. Roy by means of sharp cutting weapon. Both the charges were read over and explained to the accused persons who pleaded not guilty and claimed to be tried.