BABLU HALDHAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13th December, 2007 and order dated 14th December, 2007 passed by the learned Additional Sessions Judge whereby the appellant was convicted for the commission of offences punishable under Sections 307 and 326 IPC and sentenced to undergo rigorous imprisonment for a period of 5 years and fine of Rs. 3,000/ - with default stipulation for his conviction under Section 307 IPC and rigorous imprisonment for a period of 3 years and fine of Rs. 2,000/ - with a default stipulation for his conviction under Section 326 IPC and the substantive sentence of imprisonment were ordered to run concurrently.

(2.) THE relevant facts leading to the incident, in which two persons were seriously injured and which injuries have been found by the learned trial Judge to have been caused by the appellant while acquitting his two co -accused persons who had also been sent up for a trial by the investigating agency for their involvement in the same incident which took place on the night of 3rd August, 2002, have been noticed by the learned trial Judge in para No. 1 of the judgment and the relevant portions only from that paragraph are being reproduced below:

(3.) FEELING aggrieved, the convicted accused Bablu Haldhar filed this appeal challenging his conviction for the offences punishable under Sections 307/326 IPC and the sentences awarded to him. However, at the commencement of the hearing of the appeal, learned Counsel for the appellant had stated that he had the instructions from the appellant not to challenge the judgment of the trial Court whereby he was convicted for the aforesaid offences but a mercy plea should be made to this Court for taking lenient view on the point of punishment of imprisonment considering the fact that the appellant is an old person of about 60 years of age and is suffering from various ailments and which circumstances, according to the Counsel for the appellant, had been noticed by the learned trial Judge also in his order on sentence.