UTTAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30-4-85 passed by the learned Additional Sessions Judge, 4th Court, Murshidabad in Sessions Trial No. 3 of 1985. By the said judgment, the learned Judge found the accused Uttam Ghosh guilty under Section 307, I.P.C. and after hearing the accused on the question of sentence under Section 235(2), Cr.P.C. and keeping in view the tender age and that the offence was committed on the spur of moment, sentenced him to suffer R.I. for 7 years and to pay a fine of Rs. 500/-, in default, to suffer further R.I. for three months. .

(2.) The fact of this case is that on 14-10-83 at about 10/11 a.m., a few persons were playing cards in a room and few others, including the accused Uttam Ghosh, were present there. In course of playing, the victim Japen Ghosh left, for which the accused Uttam Ghosh hurriedly went to his own house and came with a hansua (a paddy cutting instrument used by the villagers) in his hand and started assaulting Japen Ghosh as a result of which Japen Ghosh sustained serious injuries on his shoulder, back and left thumb. Japen Ghosh was removed to the nearest hospital for treatment where he stayed for about 27 days and his left thumb was amputed. One complaint was lodged to the local Police Station by one Sahadev Ghosh. F.I.R. was drawn, investigation was made and ultimately chargesheet was filed against the accused Uttam Ghosh and the case was committed to the Court of Session where a charge under Section 307, I.P.C. was framed against the accused Uttam Ghosh. Uttam Ghosh pleaded not guilty to the charge and accordingly, a date was fixed for production of prosecution witnesses.

(3.) On 16-4-85, the defence produced one ossification test report pointing out that the accused person was aged about 17 years at the time of the alleged offence, and after a contested hearing, the learned Additional Sessions Judge came to the finding that the accused was a minor and that he was fit to proceed with the trial as there was no Juvenile Court in the district. Accordingly, the trial started after the plea of not guilty by the accused under Section 251, Cr.P.C. The prosecution produced as many as 12 witnesses including the attending physical and the Investigating Officer. Eye-witnesses were also examined and all of them narrated how in course of playing cards the incident happened. It is already indicated that the accused was in the hospital for 27 days and his left thumb was amputated as a result of such assault. Thus placing reliance on the evidence adduced by the prosecution and after examining the accused under Section 313, Cr.P.C., the learned Judge found the accused guilty under Section 307, I.P.C. and sentenced him in the manner indicated hereinabove.