BUDHARU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This court is hearing this appeal as against the judgment and order of conviction dated 30 -08 -2008 passed by the learned Additional Sessions Judge, 1st Court, Siliguri, District - Darjeeling in Sessions Trial No. 12/2003 arising out of Sessions Case No. 7(1) 2003 which arose out of G.R. Case No. 533/99 (43/99) dated 21 -5 -1999 of Kharibari Police Station. As per that order of conviction, the present appellant was convicted in respect of the charge punishable under Ss. 453/323 of the IPC and was sentenced to suffer rigorous imprisonment for one year and also to pay fine of Rs. 1,000/ - in respect of the offence punishable under Sec. 453 of the IPC. The present appellant was also convicted in respect of the offence punishable under Sec. 323 of the IPC and was separately sentenced to suffer rigorous imprisonment for six months with further direction to pay fine of Rs. 1,000/ - each, i.d. to suffer rigorous imprisonment for two months. However, learned trial court ordered that the sentences shall run concurrently. For the appreciation of the appeal, relevant fact before the learned trial court can be set out below: -

(2.) On receipt of the F.I.R., Kharibari P.S. Case No. 43 of 1999 dated 21 -05 -1999 under Ss. 459/307/34 of the IPC and under Sec. 25(1)(a)/27 of the Arms Act was started. During the course of investigation, the Investigating Officer of this case examined the available witnesses, seized that 'Koopi' as per seizure list marked as Ext. 1/1, collected one discharge certificate in respect of the victim, Biswanath Roy (Ext. 4), collected also the injury report of the said victim marked as Ext. 3. The Investigating Officer, however, could not recover any weapon of offence or any cartridge. It may be noted that the charge sheet was submitted on 17 -8 -1999 and during that period of time, the accused/appellant could not be arrested and in the charge sheet, he was shown as absconder. However, this accused was released on anticipatory bail in Criminal Misc. Case No. 20 of 2003 disposed of by the learned Additional Sessions Judge, 1st Court, Siliguri and this accused surrendered on 14 -01 -2003 and was naturally released on bail.

(3.) The case was committed to the court of sessions and the Sessions Case No. 7(1) 2003 of the District of Darjeeling was registered. This case ultimately came before the learned trial court and the conviction was recorded in Sessions Trial No. 12 of 2003 about which I have stated earlier.