PRABIR KUMAR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 12.12.2017 and 13.12.2017 passed by the learned Additional District and Sessions Judge F.T.C 2nd Court, Sealdah, South 24 Parganas, in S.T. No. 01(09)16 arising out of S.C. No. 06(02)14 convicting the appellant under Sections 307 of the Indian Penal Code sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for five months more.

(2.) Gist of the prosecution case, as alleged, against the appellant is to the effect that he is the brother-in-law of the injured witness, Sikha Dey (P.W. 1). The appellant used to misbehave with Sikha's daughter. As a result, Sikha raised protest and filed a case against the appellant. The appellant was in jail for two months. After returning from jail he demanded Rs.500/- as lawyer's fee from Sikha. As she refused to pay, the appellant assaulted her with a sharp cutting tool (bonti) on her neck. Sikha shouted for help. She was removed to North Suburban Hospital where she was medically treated. On her written complaint F.I.R. was registered. In conclusion of investigation charge-sheet was filed and charge under Section 307 of the Indian Penal Code was framed against the appellant. Prosecution examined 11 witnesses in support of its case. Defence of the appellant was one of innocence and false implication. In conclusion of trial, Learned trial court convicted and sentenced the appellant, as aforesaid.

(3.) Nobody appears for the appellant. Mr. Bakshi, learned Counsel, is requested to appear as amicus curiae. Mr. Bakshi, argued that the evidence of P.W. 1 suffers from various contradictions and inconsistencies. There was prior enmity and there is every possibility of false implication. Apart from P.W. 1 there is no eye-witness to the incident. Medical opinion does not state that the injuries were life threatening. Hence, the appellant may be acquitted.