SK SAFIULLA @ SAIFUL Vs. STATE

JUDGEMENT

(1.) Lower court records have been received. With the consent of the parties, the matter is taken up for hearing dispensing the preparation of paper book.

(2.) By the impugned judgement and order dated 22.6.2015 the appellant had been convicted under section 448, 324, 325, 326 and 307 of the IPC and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for one month for the offence punishable under section 448 IPC, to suffer simple imprisonment for three years and to pay a fine of Rs. 3,000/-, in default to suffer simple imprisonment for three months for the offence punishable under section 324 IPC, to suffer simple imprisonment for five years and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for five months for the offence punishable under section 325 IPC, to suffer simple imprisonment for seven years and to pay a fine of Rs. 10,000/-, in default to undergo simple imprisonment for ten months for the offence punishable under section 326 IPC and to suffer simple imprisonment for ten years and to pay a fine of Rs. 15,000/-, in default to undergo simple imprisonment for fifteen months for the offence punishable under section 307 IPC, all the sentences shall run concurrently. 70% of the fine, if realised, shall be paid to the victim Saraswati Maity and remaining 15% each shall be paid to Ashutosh Maity and Ashish Maity respectively.

(3.) Prosecution case, as alleged, against the appellant is to the effect that on 30.7.2013 the de facto complainant was sleeping in her room while her mother Saraswati Maity, her father Ashutosh Maity and brother Ashish Maity were sleeping in veranda of the house. At about 1.15 hours on 31.7.2013 there was a loud knock on the door and thereafter she heard a shriek from her mother and woke up. She saw the appellant assaulting her mother on her head with an iron rod. The appellant also assaulted Asutosh with iron rod when Asutosh had gone to rescue Saraswati. Saraswati collapsed on the floor. The appellant also assaulted Asish on the leg. Asutosh, the father of the defacto complainant somehow managed to switch on the light. The defacto complainant raised hue and cry.