- (1.) This Court is hearing this appeal as against the judgment and order of conviction both dated 19-09-2008 as passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Tamluk within the district of Purba Midnapore, in connection with S.T. No. 1 (5) of 2006 arising out of S.C. No. 60 (12) 2005. Such S.T. or S.C. arose out of G.R. Case No. 381 of 2002 (Chandipur P.S. Case No. 39 of 2002 dated 08-07-2002 under Sections 325/307/34 of the Indian Penal Code) (hereinafter called as the said Code). In all seven accused persons faced the trial before the learned Trial Court and the present two appellants were convicted in respect of the charge punishable under Section 325 of the Code and they were sentenced to suffer rigorous imprisonment for 3 years each and they were also directed to pay fine of Rs. 3000/- each and in default of payment of fine, they were directed to undergo rigorous imprisonment for further six months. Set off was naturally allowed.
(2.) Co-Accused, Sourav Khatua, was convicted in respect of the charge punishable under Section 324 of the Code and he was, however, released on probation and no appeal has been preferred by the said co-accused. Thus, other four accused persons were acquitted by the learned Trial Court in respect of the charge.
(3.) The prosecution case before the learned Trial Court which may be relevant for the purpose of the appeal can be stated in brief thus : That one F.I.R. was filed by Smt. Dipu Rani Khatua wife of Probodh Chandra Khatua at about 14.05 hours on 08-07-2002 with the Officer-inCharge, Chandipur Police Station, District: Purba Midnapore, giving rise to the aforesaid Police Station case. In the F.I.R., it was disclosed that her husband, Probodh Chandra Khatua, was cutting one bamboo, a portion of which came on his land. It may be mentioned that it was also the case that the said bamboo came on the land of Probodh was reported to the accused persons and they instructed Probodh to cut that bamboo. This incident took place at about 12 noon on 07-07-2002. When in all 9 accused persons as per the F.I.R, assaulted the victim, Probodh, by lathi just to finish the victim and the victim received injuries on his head. It was further disclosed in the F.I.R. that Katari was also used in that incident and the victim received cut injury on his left hand.;