MD. ILLIYAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dtd. 29/1/2019 and 30/1/2019 passed by the Learned Additional District & Sessions Judge, 1st Court, Sealdah, South 24 Parganas, in Sessions Trial No. 4 (9)/2017 arising out of Entally Police Station Case No. 233 dtd. 2/7/2017 wherein the learned Trial Court was pleased to convict the appellants under Sec. 307/34 of Indian Penal Code and sentenced both of them to undergo Rigorous Imprisonment for 7 years and fine of Rs.20,000.00 in default to undergo Rigorous Imprisonment for 3 months more.

(2.) Entally Police Station Case no. 233/2017 dtd. 2/7/2017 was registered for investigation under Sec. 307/34 of the Indian Penal Code and Sec. 25(1B)(a) of the Arms Act on the basis of a statement of Razia Begum recorded by A.K. Choudhury, Sub-Inspector of Police. Razia Bibi (hereinafter referred to as 'the complainant') stated that on 2/7/2017 at about 05.00 pm while his son Sk Amirudding was sitting in front of the gate of Loreto School beside Motijheel Bridge, two local boys namely Md. Illiyas @ Illu and his brother-in-law Sk Saheb rushed towards him and by referring to a past dispute threatened the victim/injured by stating that he was exceeding his limit and tried to project himself as a hero. Immediately thereafter they started assaulting the complainant's son and when he protested the accused Illu took out a small gun from his pocket and said that he would kill him. Seeing such incident the complainant rushed towards his son when Sk Saheb pushed her back and by taking out a chopper he attempted to injure the throat of his son.

(3.) As the complainant's son shifted his body he was hit on his shoulder and thereafter repeated injuries were inflicted on his arms and wrist. The complainant's son was bleeding profusely, local people thereafter rushed when the accused persons fled away. The husband of the complainant had taken her son to hospital and she approached the police station for seeking help.