JAGANNATH TUDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been filed under sec. 374 (2) of the Code of Criminal Procedure, 1973 assailing the impugned judgment and order dtd. 29/7/2004 passed by Learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Case No. 16 (11) of 2001 corresponding to Sessions Trial No. 1(4) of 2002, convicting the appellants for commission of offence punishable under sec. 448, 326 and 307 read with sec. 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for five years each and pay a fine of Rs.1000.00 each in default to suffer rigorous imprisonment for a period of six months for the offence punishable under sec. 307 of IPC and to a sentence of rigorous imprisonment for six months each and to pay a fine of Rs.500.00 each in default to suffer rigorous imprisonment for three months each for the offence punishable under sec. 448 of the Indian Penal Code with a further direction that both the sentences shall run concurrently.

(2.) Instant case arose out of Indpur Police Station Case No. 32 of 1999 dtd. 21/12/1999, on the basis of an FIR lodged by Adari Mandi, the wife of the injured person. In nutshell, the facts disclosed in the FIR is that on 20/12/1999 at about 10 P.M at Village Kharbari accused Nabin Tudu called her husband from bed and as soon as her husband went out of the house Laxmiram Tudu assaulted her husband on the left side of his head with an axe as a result he suffered bleeding injury and fell down. The de-facto complainant raised alarm. At the relevant time Laxmiram Tudu was again about to assault her husband but she held Laxmiram firmly. The axe fell from hand and injured the left leg of her husband. Adari Mandi tried to rescue her husband, when Jagannath Tudu the other accused pulled her away and again tried to assault her husband. At the relevant time co-villagers arrived and all the three accused persons ran away from their courtyard. Jiban Mandi was then taken to the police station by the de-facto complainant and other villagers from where he was sent to Indpur Primary Health Centre. The doctor medically treated her husband and referred him to Gobindonagar Hospital at Bankura where he was admitted in a serious and unconscious condition.

(3.) Police investigated into the FIR case, examine witnesses, seized weapon of assault and submitted charge sheet against the three accused persons under Sec. 448, 449, 326, 307/ 34 of the Indian Penal Code.