RONGON MUKHOPADHYAY,J. - (1.) Heard Ms. Rupali Dungdung, learned counsel for the petitioners and Mr. Arun Kumar Pandey, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 22.08.2002 passed by the learned Additional Sessions Judge I, Rajmahal in Criminal Appeal No. 12 of 1996 whereby and where under the judgment and order of conviction and sentence dated 31.01.1996 passed by the learned Judicial Magistrate 1st class, Rajmahal in G.R. No. 458 of 1990 convicting the petitioner for the offence under Section 323 of I.P.C. has been upheld and the sentence of 6 months Rigorous Imprisonment has been modified and reduced to 2 months R.I.
(3.) The prosecution story in brief is that a public drain near the house of the informant was closed by the accused persons which led to spreading of drain water outside. It is alleged that on 05.12.1990 when the informant was cleaning the drain, he was abused and assaulted by the accused persons. On hearing the cry of alarm, the son and nephew had also come and they were also assaulted by the accused persons. Based on the aforesaid allegations, Rajmahal P.S. Case No. 273 of 1990 was instituted. After investigation, charge-sheet was submitted under Section 337/323/34 of I.P.C. and thereafter cognizance was taken, charges were framed and thereafter trial proceeded.;