The case of the prosecution in brief, as unfolded in the companyrse of trial is that at about 900 P.M. on 10.06.2005 the appellants along with certain others threw brick bats on the tile shaded house of the informant, Abdul Gaffar Dewan PW1 herein.
The Learned Additional Sessions Judge, Fast Track Court III, Krishnagar, Nadia companyvicted the appellants for the offences under Sections 307, 456 427 read with 34 of IPC, accordingly sentenced them to undergo I. for 5 years and fine of Rs.5,000/ each, in default to suffer simple imprisonment for 1 year, R.I. for 3 years with fine of Signature Not Verified Rs.2,000/ and simple imprisonment for 2 years and fine of Digitally signed by HEMALATHA MOHAN Date 2017.07.27 170902 IST Reason Rs.1,000/ respectively that shall run companycurrently.
310 of 2009, by the companyvicted accused.
Having regard to the totality of the facts and circumstances, we find that the High Court is justified in upholding the companyviction against the appellants both for the offences under Sections 326 and 456 of IPC, inasmuch as the accused companymitted lurking house trespass during night and assaulted the victim with brick bats and sharp cutting weapons which have resulted in four sets of injuries, including a grievous injury which are as under Left occipital scalp cut 2x1 with crack out table of skull.
The accused also assaulted the mother, elder brother sister in law of the informant.
At that time Dalil Dewan PW2 , father of the informant, intervened and raised objection against illegal acts of the accused.
The victim PW2 was admitted to Saktinagar Hospital for 10 days and thereafter treated at N.R.S hospital.
The appellants faced trial for certain offences including the offences punishable under Sections 307, 456, 427 read with 34 of the Indian Penal Code hereinafter referred to as I.P.C .
As a result, some of the tiles were damaged.
As a result, the appellants being armed with sharp cutting weapons entered into the house of informant and attacked W 2, father of the informant, resulting in certain companytusions and bleeding injuries.
MOHAN M.SHANTANAGOUDAR,J. Challenge in this appeal is against the Judgment dated 22.08.2014, passed by the High Court of Calcutta in C.R.A No.
