- (1.) This revisional application is directed against the judgment and order dated 9.5.2006 passed by the learned Additional Sessions Judge, Alipurduar, Jalpaiguri in Criminal Revision No. 25 of 1995 thereby affirming the judgment and order of releasing of the accused persons on admonition as passed by the learned Judicial Magistrate, 3rd Court, Alipurduar on 15.9.94 in G.R. Case No. 159 of 1990 under Sections 326/447/34 of the Indian Penal Code.
(2.) The brief fact leading to the filing of the revisional application can be traced back to the arraignment of the accused opposite parties in G.R. Case No. 159 of 1990 before the learned Judicial Magistrate, 3rd Court, Aliporduar to answer the following charge : " Firstly - that you, on 21.12.89 at about 9.30 hours committed criminal trespass by entering into the land of Smt. Pusparani Saha with intent to commit an offence and thereby committed an offence punishable under Section 447 of the Indian Penal Code, and within my cognizance. Secondly - that you, on the same day and time with a common intention assaulted Sambhu Saha by Bhujali and later and thereby Shambhu Saha received grievous hurt on his person and in the middle finger of his left hand, and thereby committed an offence punishable under Section 326/34 of the Indian Penal Code, and within my cognizance."
(3.) Having pleaded not guilty, they were placed on trial before the said learned Magistrate. The prosecution after examining as many as 13 witnesses in support of its case could establish a case of Section 326 read with Section 34 of the Indian Penal Code and the accused opposite parties were found guilty therein and were convicted accordingly. However, the learned trial Court instead of sentencing them to a substantive imprisonment directed them to be released on admonition under Section 360 of the Code of Criminal Procedure.;