SUKUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court at Malda in Sessions Trial No. 32 of 2017 arising out of Sessions Case No. 51 of 2017 convicting the appellant under Ss. 325 and 307 of the Indian Penal Code. Thereafter the learned Trial Judge handed down punishment of rigorous imprisonment for five years with fine and default clauses for the offence punishable under Sec. 325 of the Indian Penal Code and rigorous imprisonment for seven years with fine and default clauses for committing offence punishable under Sec. 307 of the Indian Penal Code.

(2.) Being aggrieved by and dissatisfied with the said judgment and order of conviction and sentence, the convict has preferred the instant appeal.

(3.) Learned advocate for the appellant has assailed the impugned judgment and order on the ground that the Court below did not consider delay in lodging the F.I.R. The incident took place on 17/11/2012 and the F.I.R. was lodged on 19/11/2012. There is no explanation of delay in lodging the F.I.R. but the de facto complainant.