The main legal point established in the judgment is the requirement for cogent evidence and the absence of extraneous considerations in reaching a decision under the Indian Penal Code.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant revisional application has been preferred against the judgment and order dated 19.07.2013 passed by the Learned Additional District Judge, 2nd Court at Howrah, District – Howrah, in Criminal Appeal No. 31 of 2010, modifying the quantum of sentence passed by the Learned Judicial Magistrate, 1st Court, at Uluberia, Howrah in connection with Complaint Case No. 347C of 2001 under Sections 323/144/34 of the Indian Penal Code.

2. One Sanat Kumar Ghorui lodged a written complaint before the Learned Sub-Divisional Judicial Magistrate, Uluberia to the effect that on 20.10.2001 at about 09.00 P.M., he and his brother was intercepted and assaulted by the accused/opposite parties.

3. It was further alleged in the said written complaint that petitioner and his elder brother who is also witness no. 1 in the said case, on the said date of incident while returning from Kulgachia Market, when they reached near the house of the accused persons near the Tulsiberia More the petitioner and his elder brother saw one of the accused namely Sanjib Khanra, alias Sanjib Kumar Khanrah who happens to be the accused no. 1 in the complaint case coming from the opposite direction towards the Kulgachia Market and then petitioner asked him why he and his other family members used filthy languages yesterday and petitioner requested the accused no. 1 Sanjib Khanra, alias Sanjib Kumar Khanrah to give up such habit and to deal a good behavior with them and not to repeat the same again, then the accused no. Sanjib Khanrah alias Sanjib Kumar Khanrah became furious and begun to utter silly words to complainant/appellant and his elder brother and at the same time the accused no. 1 Sanjib Khanrah alias Sanjib Kumar Khanrah exercised blows on the face, just below the left ear of petitioner for which he received pain and tenderness on his persons, then the elder brother of petitioner intercepted the accused no. 1 from such act and saved the complainant. Thereafter the accused no. 1 ran away to his house nearby and meanwhile other accused persons including both the accused/opposite parties mentioned herein above rushed to the place of occurrence forming an unlawful assembly armed with lathi, torch-light and bricks bats etc and they all began to assault petitioner and his elder brother. The accused no. 1 Sanjib Khanrah alias Sanjib Kumar Khanrah again hit them with fists and blows on his face, left ear, backside, chest and on different parts of the body for which they both received pain and tenderness and the accused no. 2 i.e. Biswanath Khanra hit them with torch light to their head and accused no. 3 i.e. Sujay Khanra @ Prajib assaulted them with a lathi to their head, backside and other parts of the body for which they sustained severe pain, tenderness and the witness no. 1 also received abrasion upon his both right and left elbow joints and below his right eye and right thigh and due to assault the witness no. 1 i.e. the complainant’s elder brother fell down on the earth and then the accused no. 2 i.e. Biswanath Khara bite upon the right thigh and caused bleeding injury and the accused no. 4 and 5 in the complaint i.e. Rekha Khanra and Dipti Khanra put their hands to do away the life of the witness no. 1 i.e. the elder brother of petitioner by throttling and the accused no. 1 also used a brick to hit upon the complainant and the witness no. 1 and at the same time the accused persons exercised slaves, blow and kicks to them causing grievous injuries to them, for which they were immediately thereafter had to be treated in Uluberia Hospital. In such circumstances, the complaint case under Sections 323/144/34 of the Indian Penal Code had to be filed by the petitioner.

4. The Learned Sub-Divisional Judicial Magistrate, Uluberia on receipt of such written complaint from the said Sanat Kumar Ghorui was pleased to take cognizance on such complaint and issued process against the opposite parties forming subject matter of the case and