SUBHAS SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Burdwan in Sessions Trial No. 16 of 1992 corresponding to Sessions Case No. 330 of 1990 sentencing the Appellant to suffer R.I. for 10 years under Section 307 IPC and to suffer R.I. for one year under Section 451 IPC.

(2.) The prosecution case, in short, is that one Kalyani Biswas lodged complaint with O.C. Ketugram P.S. alleging that on 8th Agrahayan, 1392 at about 8.00 P.M. she and her sister Kanika Biswas were lying in the first floor after dinner. Chandi Majhi was in the ground floor. At about 10.00 P.M. her sister Kanika Biswas came downstairs to attend nature's call. Sometime thereafter Kanika raised alarm and on hearing her shouts, the informant came downstairs with light and found that Chandi Majhi also woke up. She found that Kanika was lying in the courtyard with bleeding injuries and Subhas Sardar with a knife in his hand was going away after opening the main door of the house. When Subhas was intercepted he showed the knife and threatened them. Kalyani was assaulted in his left ribs and hand. On being asked Kanika disclosed that when she came to the courtyard to attend the nature's call. Subhas caught hold of her and gave her ill-proposal. As Kanika did not agree, Subhas stabbed her with knife. On hearing the hue and cry. the neighbours namely, Gayanath Pal, Nampada Biswas, Kinkar Majhi, Sadhucharan Majhi and others assembled there. Kartick Chandra Pandit, the member of the Panchayat was called there. He advised that the injured Kanika should be sent to Ketugram Hospital. Accordingly, Kanika was admitted in the said hospital.

(3.) After completion of investigation charge sheet was submitted. The charge was framed under Sections 457, 326 and, in the alternative, under Section 307 IPC.