AHOK CHAKRABORTY @ KHOKAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgement and order dtd. 21/8/2007 passed by the Additional District and Session Judge, Fast Track, 3rd court, Diamond Harbour, 24 Paragana's South in Session Trial number 6(5) 04 where present appellants were convicted under Sec. 325 of the Indian Penal Code and suffered an order of sentence of imprisonment for three years.

(2.) A complaint was lodged by Rajkumar Haldar before the officer in charge, Raidighi Police Station, Companirthek ,24 Parganas South, against the present appellants , alleging an attack with deadly weapons on his wife and son , Sujala and son Sabyasachi respectively and they sustained head injury ,fractured hand injury and was hospitalised for considerable days for the purpose of surgery and treatment . The neighbours recovered them with bleeding injuries and admitted at Raidighi Hospital. Later they were shifted because of the serious nature of injury, to Diamond Harbour Sub- Divisional Hospital. It was further alleged that there was political animosity as Shujala was a worker of S. U.C.I party and contested as a candidate during last Gram Panchayet election and she was often harassed by the appellant .She lodged a diary before the police station prior to the date of incident over an issue of cutting of a tree in their dwelling house and out of grudge she was attacked brutally by the present appellants with a motive to kill her and her son.

(3.) On the basis of this complaint, Raidighi P. S case number. 76 dated 31.7. 03 under Sec. 325/326/307 I.P.C started and after completion of the investigation, the charge sheet was submitted against the present appellants under Sec. 325/326/308 I.P.C. After commitment, the case was transferred before the court of Additional District and Session Judge, Fast Track , 3rd Court, Diamond Harbour and the charge was framed against the present Appellants under Sec. 325/326 /307 of the Indian penal code and the same was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. Accordingly, the trial commenced and after taking evidence of 14 prosecution witnesses and the exhibited materials, the learned Session Judge passed the order of convictions against the present appellant. Being aggrieved, thereby the instant appeal has been filed.