TIRTHANKAR GHOSH,J. - (1.) This appeal has been preferred against the judgment and order dated 31st August, 2016 passed by the Ld. Additional Sessions Judge, 2nd Court, Asansol, Burdwan in connection with Sessions Trial No. 18/05 (Sessions Case No. 14/96), wherein the Ld. Trial Court was pleased to convict the appellants for commission of offence under Sections 323/34 of the IPC and sentenced them by imposing fine of Rs. 1000/- each i.d. S.I. for one month.
(2.) The prosecution case in short is that at about 9 AM on 4th November, 1994 the defacto complainant namely, Biswanth Adhikari (PW1) along with one Supriyo Mondal being accompanied by Ashok Ghatak was proceeding towards Mahabir Colliery Dispensary for providing medical aid to Ashoke Ghatak who sustained injuries by falling down from a rickshaw. It is alleged that at that time Sambhu Mahato, Lalbabu Bauri, Srikanta Singh, Sunil Bauri, Nemai Bauri, Amar Bauri, Suresh Gope, Khokon Bauri and others entered into the dispensary with lathi, knife, iron rod, pistol etc. and attacked Supriyo Mondal in order to kill him. On being assaulted Supriyo Mondal became senseless and sustained grievous injuries when the accused persons left the place hoping that Supriyo has died.
(3.) On the basis of written complaint lodged by Biswanath Adhikari with the Officer-in-Charge, Raniganj Police Station, Raniganj P.S. Case No. 172 of 1994 dated 4th November, 1994 was registered for investigation against Sambhu Mahato, Lalbabu Bauri, Srikanta Singh, Sunil Bauri, Nemai Bauri, Amar Bauri, Suresh Gope, Khokon Bauri and 10/12 others under Sections 147/128/149/328 /325/326/307/354 of the Indian Penal Code read with Sections 25/27 of the Arms Act. The case was thereafter investigated and after completion of investigation the Investigating Officer submitted chargesheet against the abovenamed eight accused persons under Sections 147/128/149/328/325/326/307/354 of the IPC. The case was thereafter committed to the Court of Sessions and finally transferred to the Ld. Trial Court for proceeding with the case.;