MAHIBUL ISLAM CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 31/8/2016 and 1/9/2016 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore in Sessions Trial No. 4 of 2013 (corresponding to Sessions Serial No. 414 of 2012) wherein the learned Trial Court was pleased to convict the appellants under Sec. 143 and 326/34 of the Indian Penal Code and sentenced them as follows:

(2.) The genesis of the case relate to a complaint being lodged by one Amzad Momin Chowdhury with the Officer-in-charge, Beldanga Police Station to the effect that on 31/1/2009 at about 08.00 am Mahibul Islam Chowdhury, Anesur Ambia Chowdhury, Tajemuddin Chowdhury, Chanchal Chowdhury, Isahak Chowdhury, Mahubul Sk and Ajgar Sk attacked his father (Ajim Chowdhury) and brothers (Akram Chowdhury and Ajijul Haque Chowdhury) and also the labourers. The accused persons with bomb and other weapons attacked them when they were working in the sugarcane field under the supervision of police. Due to their attack the complainant's father and brothers were severely injured and were referred to Beldanga Health Centre for treatment. On the basis of the complaint Beldanga Police Station case no. 41/09 dated 31/1/9 under Sec. 143/324/326/506 of the Indian Penal Code was registered and subsequently Sec. 307 of the Indian Penal Code was also added. The investigating authority on completion of investigation submitted charge-sheet. The case being sessions triable was committed by the learned Magistrate and by the Court of Sessions and after compliance of provisions of Sec. 207 of the Code of Criminal Procedure date was fixed for consideration of charges and the learned trial Court framed charges under Ss. 143/324/326 and 307/34 of the Indian Penal Code against 7 accused persons named above.

(3.) The prosecution in order to prove its case relied upon 14 witnesses which included the injured as also number of documents which included injury reports.