JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred against the judgment and order dated 12th June, 2019 passed by the Special Court cum Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur, convicting the petitioners under Sections 448/326/34 of the Indian Penal Code and Sentencing them to suffer imprisonment for two years each and to pay a fine of Rs. 2000/-for the offence under Section 326/34 of Indian Penal Code and simple imprisonment for three months each for the offence under Section 448/34 of Indian Penal Code. Both the sentences were directed to run concurrently in Criminal Appeal No. 13 of 2016. The order dated 31.03.2016 passed by the Learned Judicial Magistrate, 1st Court, Raiganj in G.R. Case No. 283 of 2007 convicting petitioners under Sections 448/326/34 of Indian Penal Code was affirmed.

2. The prosecution case as per the petition of complaint is that in the evening of 17.04.2007, the petitioner no. 1 had allegedly come to the house of the complainant Mohan Mondal during the function of “Baishnab Seba” in an intoxicated condition. Basudeb Mondal the elder brother of the complainant allegedly persuaded the petitioner no. 1 to leave the house.

3. The petitioner no. 1 then allegedly left and returned at 10 pm with the other petitioners and assaulted Basudev Mondal who sustained injuries. Seeing that, Bindeswar Mondal father of Basudev Mondal, went to save him but also sustained injuries for which he was medically treated at Raiganj District Hospital.

4. On the basis of the written complaint filed on 23.04.2007 by Mohan Mondal (P.W. 5), Raiganj Police Station Case No. 132 of 2007 dated 23.04.2007 was started against the petitioners for the offences punishable under Sections 341/326/34 of Indian Penal code.

5. On completion of the investigation of the case, the police submitted Charge Sheet on 31.05.2017 for the offences punishable under Sections 341/326/34 of Indian Penal Code against the petitioners and others.

6. Charge under Sections 326/34 of Indian Penal Code and adding Section 448/34 of Indian Penal Code were framed against the petitioners.

7. Defence of the petitioners was of innocence and false implication.

8. The trial commenced and the Learned Judicial Magistrate, Rajganj, Uttar Dinajpur found the petitioners guilty and by his order dated 31.03.2016 Learned Judicial Magistrate, 1st Court, Rajganj in connection to G.R. Case No. 283 of 2007 convicted the petitioners under Sections 448/326/34 of Indian Penal Code accordingly.

9. The petitioners preferred an appeal vide No. 13 of 2016 before the Learned Special Court cum Additional Sessions Judge, First Court, Raiganj, Uttar Dinajpur and it is submitted that without scanning the evidence properly, the learned Judge mechanically by his order dated 12.06.2019 upheld the order dated 31.03.2016 of the Trial Judge.

10. Ms. Devi Priya Mitra, learned counsel for the petitioners has submitted that the judgment of the Learned Sessions Judge as well as the Magistrate is based on conjectures and surmises not warranted by the evidence on records.

11. That the ingredients of the offence charged not having been established, the conviction of the appellant is not sustainable-in-law.

12. That both the Learned Sessions Judge and the Learned Magistrate did not look into the fact that P.W. 3 came to know about the alleged incident, only on the next morning and was not an eye witness to the alleged incident.

13. It is further submitted that the Learned Sessions Judge and the Learned Magistrate failed to take into consideration that P.W. 4 though stated that he was admitted in Raiganj Hospital for 13 days in an unconscious state, but P.W. 7 stated that P.W. 4 was admitted in a conscious state and P.W. 8 stated that the bed head ticket does not bear any disclosure about the conscious or unconscious state of P.W. 4 at the time of admission.

14. That the investigating officer conducted the investigation in a casual away and neither did he seiz