ANIMESH BAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The convict in Sessions Case No.166 of 2015 has filed the instant appeal under Section 374(2) of the Code of Criminal Procedure assailing the judgment and order of conviction and sentence dated 18th December, 2018 and 19th December, 2018 respectively passed by the learned Additional Sessions Judge, Fast Track 2nd Court at Barasat, thereby convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to suffer simple imprisonment for four years and to pay fine of Rs.5000/-, in default, to undergo simple imprisonment for further period of two years.

(2.) Baguiati P.S Case No.561 of 2014 dated 25th September, 2014 under Section 341/326/307 of the Indian Penal Code was registered against the appellant on the basis of a written complaint submitted by one Sambhu Nath Mondal stating, inter alia, that on 24th September, 2014 at around 10.30 pm his son Arun Mondal was gossiping with his friend, namely Animesh Bar, son of Sunil Bar at Mission Bazar Playground. In course of their conversation the said Animesh Bar assaulted the son of the defacto complainant Arun Mondal on his throat with some sharp cutting weapon. As a result of assault his son received bleeding injury. The defacto complainant heard the said incident and rushed to Mission Bazar play ground and took his son to R.G Kar Hospital in bleeding condition.

(3.) On completion of investigation, police submitted charge sheet in the above mentioned case under Section 341/326/307 of the Indian Penal Code against accused Animesh Bar.