After companypletion of investigation charge sheet was filed.
Different sentences were also imposed for the other offences.
1, 2 and 3 who were claimed to be victims of acid pouring.
P.C. and the rest 14 were companyvicted.
In order to further its version the prosecution examined 11 witnesses including the informant Hrishikesh Jana and injured persons Amulya Giri, Kalipada Maity.
The accused persons shared companymon intention and also poured acid on the person of Amulya and assaulted.
The Trial Court primarily relied on the evidence of PWs.
Prosecution version in a nutshell is as follows First information report was lodged by one Hrishikesh Jana on 17.1.1992, stating that on 17.1.1992 in the morning when said Hrishikesh Jana was busy in the field for cultivation of his land, the appellants under the leadership of appellant Sachin Jana forming an unlawful assembly and being armed with different weapons like bombs, sticks, knives, iron rods and bottle of acid threatened Hrishikesh Jana with dire companysequences and when Hrishikesh Jana did number oblige them by leaving the work of cultivation, the accused persons started assaulting him with blows, kicks, iron rods etc.
The Trial Court after companysidering the evidence came to the companyclusion that on 17th January, 1992 Sachin Jana and remaining appellants, after forming an unlawful assembly assaulted him when Amulya PW2 , Kartick PW3 and Sachin came to rescue Hrishikesh.
The accused persons examined three persons to companytend that the prosecution was number projecting the companyrect scenario.
Fourteen persons were found guilty of offence punishable under Section 307 IPC and each was sentenced to ten years imprisonment and fine of Rs.2,000/ with default stipulation.
After recording evidence the Trial Court acquitted six persons under Section 232 of the Code of Criminal Procedure, 1973 in short Cr.
Accused persons pleaded false implication.
Arising out of SLP Crl.
No.4664 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
Hrishikesh Jana alleged in his written companyplaint that the appellants also poured acid on one Amulya Giri and Kartick Maity and also assaulted one Sabitri Giri who came forward to save Hrishikesh Jana.
Challenge in this appeal is to the judgment of the Division Bench of Calcutta High Court which companyfirmed companyviction of the appellants while directing acquittal of twelve companyaccused persons.
Originally, 20 persons including the present appellants faced trial for offence punishable under Sections 148, 323, 324 and 307 read with Section 149 of the Indian Penal Code, 1860 in short IPC .
and acid was also poured on his face and body.
