In the matter of: Sk. Lal Mahammad vs .

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 578

IN THE HIGH COURT AT CALCUTTA
PRASENJIT BISWAS
In the matter of: Sk. Lal Mahammad – Appellant
Versus
. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Manisha Ghosh (Amicus Curiae)
For the Respondent: Mr. Avishek Sinha, Mr. Parvej Anam

JUDGMENT :

PRASENJIT BISWAS, J.

1. The impugned judgment and order of conviction dated 27.07.1999 passed by the learned Additional Sessions Judge, 2nd Court Burdwan in connection with Sessions Trial No. 6 of 1999 arising out of Sessions Case No. 203 of 1995 is assailed in this appeal.

2. By passing the impugned judgment, this appellant was found guilty for commission of offence punishable under Section 323 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for six months.

3. Being aggrieved and dissatisfied with the said impugned judgment and order of conviction, the present appeal is preferred at the behest of the appellant.

4. In short campus the story of the prosecution is as follows-

“The instant case was started on the basis of a complaint lodged by one Sitala Bag before the Bhatar Police Station, stating interalia, that on 15.10.94 at 7 P.M. (evening) she went to fetch water from Bolgore Pond and at that time she saw the victim Sukumar Roy was being assaulted by this appellant along with other accused person. It is said in the written complaint that the accused persons assaulted the victim on his head and the victim was found groaning in agony and pain and