PABITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused of Sessions Trial No.42(11) of 2013, (Sessions Case No.293 of 2013) is the appellant before this Court assailing the judgment and order of conviction dated 24th June, 2015 and order of sentence dated 25th June, 2015 passed by the learned Additional Sessions Judge, Fast Track, First Court at Malda for an offence punishable under Section 325/326/307 of the Indian Penal Code. The learned trial Judge sentenced the appellant to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, for further rigorous imprisonment for one year.

(2.) Malda P.S. Case No.93 of 2013 was registered on 25th March, 2013 on the basis of a written complaint submitted by one Prasanta Das, Inspector-in-charge, Malda P.S. stating, inter alia that the appellant used to give indecent proposal to his mother. The mother of the de facto complainant disclosed such incidents to him. On 24th March, 2016 at about 7 P.M. the de facto complainant and his family members were going to a village fair. At that time, the accused entered into the house of the de facto complainant and tried to commit rape on her mother. When she resisted him, the accused assaulted her with hammer and 'hasua' on her head. As a result, the mother of the de facto complainant sustained grievous injury on her head, cheek, teeth and finger of the left hand. After receiving such injury she fell down on the ground. Local people rushed to the place of occurrence and took her mother to Malda Medical College and Hospital where she was admitted as an indoor patient. Police took up the case for investigation and on conclusion of the investigation, submitted charge sheet against the accused under Sections 325/326/327 of the Indian Penal Code.

(3.) As an offence under Section 307 of the Indian Penal Code is exclusively triable by the learned Court of Sessions, the case was committed to the learned Sessions Judge at Malda. Learned Sessions Judge in turn transferred the case for trial and disposal to the First Fast Track Court, Malda.