Tirthankar Ghosh, J. - (1.) The revisional application has been preferred against the judgment and order dated 17th March, 2006 passed by the Ld. Additional Sessions Judge, 3rd Court, Birbhum in Criminal Appeal No. 6 of 2001, wherein the Ld. Appellate Court was pleased to affirm the judgment and order of conviction dated 28th March, 2001 passed by the Ld. Judicial Magistrate, 1st Court, Bolpur, Birbhum in GR Case No. 122 of 1991 (TR Case No. 174 of 1996) arising out of Bolpur P.S. Case No. 54 dated 15th April, 1991 and sentenced the petitioners to pay a fine of Rs. 1,000/- each, in default to suffer simple imprisonment for 4 months, for the offences under Sections 147, 148 and 323/34 of the Indian Penal Code (IPC).
(2.) The prosecution case in short is that Sib Sankar Dutta a resident of Bolpur, Ward No. 14, Holding No. 83/84/1 purchased a land adjacent to the Northern side of his house and the accused Tamal Bhalla forcibly tried to occupy the same. In respect of the said dispute civil suit was pending between the parties. On 15th April, 1991 at about 10:30 am the accused Tamal Bhalla attempted to take electricity connection with the aid of the staff of W.B.S.E.D over the land of the defacto complainant which was resisted by him and as a result the accused Tamal Bhalla along with his associates who were armed with lathi, tangi, rod etc. attacked the defacto complainant; Subhas Dutta (elder brother of the defacto complainant) and Sukumar Dutta (younger brother of the defacto complainant). As a result of which they sustained severe injuries and the local people after rescuing them admitted them in a hospital.
(3.) On the basis of a written complaint addressed to the Officer-inCharge, Bolpur Police Station on 15th April, 1991 a case was registered being Bolpur P.S. Case No. 54 dated 15th April, 1991 under Sections 147/148/149/323/324/506 of the IPC. The said case was endorsed to SI of Police, Swapan Chatterjee for investigation. On completion of investigation IO submitted chargesheet under the aforesaid sections against the accused persons.;