KEDAR NATH JAISWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 25/26.02.2010 passed by the learned Additional District and Sessions Judge, Fast Track III, Howrah convicting the appellant and one Md. Samim for commission of offence punishable under section 324/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years with a fine of Rs. 10,000/-, in default to suffer simple imprisonment for four months more.

(2.) The prosecution case, as alleged, against the appellant and Md. Samim is as follows :-

(3.) Charges were framed in the instant case under section 394/307/34 of the Indian Penal Code. The appellant and co-accused pleaded 'not guilty' and claimed to be trial. In the course of trial, the prosecution examined 13 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, learned Judge by judgement and order dated 25/26.02.2010 convicting the appellant and Md. Samim for commission of offence punishable under section 324/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years with a fine of Rs. 10,000/-, in default to suffer simple imprisonment for four months more. Hence, the appeal at the behest of the appellant. Mr. Das, learned counsel appearing for the appellant submitted that the appellant was identified for the first time in Court and there was no test identification parade conducted during investigation. Knife seized in the case cannot be said to be weapon of assailant. It was not identified by the witnesses and there was no labelling of the seized knife at the time of seizure. He further submitted that the evidence of the prosecution witnesses is most artificial and does not inspire evidence. He accordingly prayed for acquittal of the appellant.