JUDGMENT :

Ajay Kumar Gupta, J.

1. The instant Criminal Revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) has been preferred by three convicts, namely, Sambhu Das @ Shambhu Das, Pintu Mukherjee and Prasanta Pakray @ Prasanta Pakraz @ Shibu, challenging the correctness, legality and propriety of the impugned judgment dated 15.12.2016 passed by the Learned Additional Sessions Judge, Fast Track 2nd Court, Sealdah, South 24- Parganas in Criminal Appeal No. 28 of 2016 whereby and whereunder the Learned Judge affirmed the judgment dated 17.05.2016 passed by the Learned Judicial Magistrate, 6th Court, Sealdah, South 24-Parganas in connection with GR Case No. 2370 of 2005/T.R. No. 321 of 2006 arising out of Narkeldanga P.S. Case No. 451 of 2005 dated 31.12.2005 under Sections 341/323/114 of the Indian Penal Code (in short ‘I.P.C.’).

2. By the said judgment, the learned Trial Court convicted the above three accused persons under Section 323 of the I.P.C. and sentenced them to suffer simple imprisonment for six months and to pay a fine of Rs. 1,000/- each; in default, to suffer further imprisonment of one month.

FACTS OF THE CASE:-

3. The brief facts, leading to filing of this instant Criminal Revisional application, are that an FIR being Narkeldanga P.S. Case No. 451 of 2005 dated 31.12.2005 under Sections 341/323/114 of the I.P.C was registered when a written complaint was lodged by the de-facto complainant/victim/opposite party no. 2, Jogindar Chowdhury, to the effect that on 30.12.2005 at about 9:30 pm, the accused persons came to his shop and demanded a packet of cigarette, however, the victim made them wait for some time as he was occupied. However, the accused persons became furious and started abusing him in filthy language, and when he raised a protest, suddenly the accused persons caught hold of his shirt, wrongfully restrained him and assaulted the victim with fists and blows. As a result, the victim sustained injuries on his person. He was removed to N.R.S. Hospital for treatment.

4. Upon completion of investigation, a charge sheet, being No. 4 of 2006 dated 15.01.2006, has been submitted against the accused persons for commission of offence punishable under Sections 341/323/114 of the IPC. Subsequently, the accused persons faced trial after pleading not guilty and claiming to be tried.

5. The prosecution has examined PWs. 1 to 6 and exhibited several documents. Exhibit nos. 1 to 3 were the Signature of the de facto complainant taken at the time of making the FIR, the Injury Report and the formal FIR. Subsequently, after the conclusion of evidence, the accused persons were examined under Section 313 of the Cr.P.C., where they pleaded innocence. However, they did not adduce any defence witness. The learned Trial Court, after considering and analysing the evidence, especially oral and documentary evidence, finally concluded that the accused persons are found guilty of offences punishable under Section 323 of I.P.C. and convicted as aforesaid.

6. Being aggrieved by and dissatisfied with the said judgment, the accused persons preferred an appeal before the Appellate Court. However, the learned Judge, without considering the contention of the appellants, affirmed the judgment of the learned Trial Court, though the judgment was contrary to the law and was not based on the substantive evidence.

7. Feeling aggrieved with the said judgment, all three convicts have filed this Revisional application.

8. At the very outset, it is appropriate to mention that two of the three accused persons, namely, Pintu Mukherjee, expired on 21.10.2024, and Sambhu Das @ Shambhu Das expired on 29.06.2018 during pendency of this application. Accordingly, their cases have been abated. At present, only one convict, namely, Prasanta Pakray @ Prasanta Pakraz @ Shibu, contests the case.

SUBMISSION ON BEHALF OF THE PETITIONER: -

9. Learned counsel appearing on behalf of the present petitioner veheme