JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 16.03.2011 passed by the Learned Additional Sessions Judge, 5th Court, Murshidabad in Sessions Trial No.10 of 2005 (Sessions Serial No.538 of 2005) which was pending before the Learned Additional Sessions Judge, 5th Court, Murshidabad, arising out of Jalangi Police Station Case No.147/2001 dated 12.01.2001, thereby convicting the appellant for offence punishable under Section 325 of the Indian Penal Code and sentencing him to suffer simple imprisonment for 1 year and to pay a fine of Rs.10,000/-, in default, to suffer further simple imprisonment for one year.

2. Jalangi P.S. Case No.147/2001 dated 12.01.2011 under Sections 325/308/34 of the Indian Penal Code was registered for investigation on the basis of a written complaint lodged by one Iti Sarkar PW-1 (de facto complainant).

3. The prosecution case precisely stated:-

On 12.01.2001 at about 06:30 A.M. in front of the house of Basudeb Sarkar (victim), the appellant along with others namely Arun Kundu and Asit Kundu assaulted the victim with iron rod and ‘harpa’ and one Bapi Kundu stood there with a gun. As a result of such assault, the