JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against a judgment and order dated 16.07.2010 passed by the Learned Judge, Special Court (E.C. Act)-cum-Additional Sessions Judge, Hooghly, in Sessions Case No.107 of 2004 corresponding to Sessions Trial No.18 of 2005 whereby the Learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Section 341 and 304 Part-II of the Indian Penal Code and sentenced the appellant to suffer simple imprisonment for one month with a fine of Rs.100/-, in default, further simple imprisonment for 15 days for the offence under Section 341 of the Indian Penal Code and to suffer rigorous imprisonment for 6 (six) years and to pay a fine of Rs.1,000/-, in default, further rigorous imprisonment for six months for the offence under Section 304 Part-II of the Indian Penal Code.

2. On 29.08.2002 a written complaint was lodged at Mogra Police Station, inter alia, stating that on 26.08.2002 in the evening at about 7:30 P.M., the elder brother of the complainant was returning to his house from market after purchasing meat. On the way the appellant and another accused namely Manoj Kumar Sharma wrongfully rest