NABA KUMAR KOLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgement and order of conviction dtd. 9/9/2010 and 10/9/2010 passed by the Additional Session Judge, 4th Court, Burdwan in Session Trial No. 29/2006 arising out of Sessions Case No. 106/2006 where by an order of conviction has been passed under Sec. 307/324/34 of the Indian Penal Code.

(2.) A written complaint was lodged by one Shibshankar Koley before the OC, Jamalpur PS on 18/6/2005 alleging that on 18/6/2005 at about 10 o'clock in the morning, two of his younger brothers namely Gunadhar Koley and Naba Kumar Koley was suddenly attacked by their third brother Balai Koley with an intention to kill him at the farm house of their house. It was further alleged that Gondar Kaley hit him repeatedly with his hensua /sickle at different parts of body of Balai Koley causing bleeding injuries to him. The condition of Balai was very much serious. He further averred that two brothers had dispute with Balai Koley over the issue of landed property.

(3.) On the basis of such complaint Jamalpur PS Case No. 48/05 dtd. 18/6/2005 under Sec. 326/307/34 was initiated. On completion of the investigation the charge sheet was submitted against the two accused persons. Since the charge was exclusively triable by the Session Court it was committed to the learned District Judge and subsequently transferred before the learned Additional Sessions Judge, 4th Court, Burdwan for trial.