PARTHA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal is directed against the Judgment, order of conviction dated 20.01.2009 and sentence dated 21.01.2009 passed in Sessions Trial No. 29 (10) 05 arising out of Sessions Case No.21(6)05 by the Learned Additional District & Sessions Judge, Fast Track Court-III Barrackpore thereby convicting the appellant Partha Halder to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1000/-, in default to suffer further rigorous imprisonment for two months for the offence punishable under Section 326 I.P.C. and also to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2000/- in default to suffer further rigorous imprisonment for four months for the offence punishable under Section 307 I.P.C. There is a direction that the said sentences shall run concurrently.

(2.) Concisely stated, the case of the prosecution is that on 11.09.2004 around 8 P.M. the victim Rakhi Bhowmick was assaulted by the appellant/accused Partha Halder with a razor on her throat and hands and as a result she suffered cut injury. It is alleged that the accused/appellant had the intention to murder the victim.

(3.) The father of the victim Anil Chakraborty lodged a complaint with Noapara Police Station and on the basis of such complaint Noapara P.S. Case No.144 dated 12.09.2004 under Section 326 I.P.C. was started. The matter was investigated into. On closure of investigation a Charge sheet under Section 326/307 I.P.C. was submitted against the accused person. On receipt of the Charge sheet the matter was committed to the Court of Sessions. The learned Court of Sessions on receipt of the case transferred it to the Learned Court below i.e. Additional District & Sessions Judge, Fast Track Court-III, Barrackpore for disposal.