Judgment :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against judgment and order of conviction dated 30.04.2007 passed by the Learned Additional Sessions Judge, Fast Track Court – I, Krishnagar, Nadia in Sessions Trial No.XII(9)2005 arising out of Sessions Case No.88(4) of 2005 convicting the appellant under Section 325 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for 4 months for the offence punishable under Section 325 of the Indian Penal Code.

2. The prosecution case precisely stated one Nisith Biswas son of Shri Narayan Biswas of village Chakbehari under Tehatta P.S. filed a written complaint on 11.01.2005, before the Officer-in-Charge, Tehatta Police Station, inter alia, stating the appellant assaulted his father PW-2 severely. The complainant also alleged that the appellant pushed his father who was an old man of 65 years causing him to fall on the ground. Thereafter, the appellant assaulted him with back side of a spade. Labours who were working in the field namely PW-3, PW-4, PW-8, PW-9 and PW-10 witnessed the incident. The complainant on receiving th