MANICK SADHUKHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgement and order dated 21.7.2007 passed by the learned Additional Sessions Judge, 2nd Court, Nadia at Krishnagar in Sessions Trial No. II (VIII) 05/ Sessions Case no. 116(4) 05 under Section 307/324/34 of IPC thereby convicting the appellant Manick Sadhukhan under Section 307 of IPC and sentencing him to suffer R.I. for a period of seven (7) years and to pay a fine of Rs. 5000/- with a direction to pay 50 percent of the fine amount to the injured Mangal Halder in case fine amount is realized.

(2.) On 17.7.2003 at about 7.15 A.M. one F.I.R. was lodged with Kotwali Police Station, Krishnagar, Nadia, alleging therein that on 17.7.2003 at about 5 A.M while he was washing his hands and face in the tubewell near his house, a bomb was blasted and, as a result, he sustained injuries on different parts of his body. The bomb blasted was kept in a the tiffin box near the tubewell. It has further been alleged that the appellant Manick Sadhukhan threw that bomb towards the tubewell which blasted and caused injuries on the body of Mangal Halder. On the basis of the said F.I.R., Kotwali police station case no. 230 of 2003 under Section 324 of IPC read with Section 9(b) of Indian Explosive Act was started against Manick Sadhukhan and three others. On conclusion of the investigation, a chargesheet was filed against them under 307/324/34 of IPC. The appellant and three others were arrayed to face the charges to which they pleaded not guilty. Consequently, the trial commenced. Twenty witnesses were examined in the trial Court by the prosecution and several documents were also admitted into evidence and marked Ex. on behalf of the prosecution in order to bring home the charges against the accused persons. Defense case was a complete denial to the prosecution case. The learned Trial Court, upon consideration evidence recorded and documents admitted into evidence, came to a findings that Manick Sadhukhan was the person who was responsible for blasting of the bomb and has committed the offence under Section 307 of IPC. Accordingly, his conviction was recorded and sentence mentioned above was passed.

(3.) Other accused persons were acquitted as found not guilty to the charges.