KALYAN BARLA Vs. STATE

JUDGEMENT

(1.) The appellant challenges the legality and validity of the judgment passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Alipurduar, Jalpaiguri in connection with S.T. No. 2/2011 by which the learned trial court has convicted the appellant for serving out the sentence of imprisonment for five years each in regard to the offence under Section 307/326 of the Indian Penal Code.

(2.) The factual scenario of this case is such that on 30.08.2009 at about 8.30 P.M., the appellant came to the betel shop of the victim, Marium Bibi and demanded betel on credit. When she refused to deliver the betel to him, being aggrieved, the accused made altercation with her and after a few while, shot an arrow upon her chest. After the incident, the victim was hospitalized. The victim Marium Bibi and other eye witnesses deposed in this case and their evidences are convincing.

(3.) On perusal of the materials on record and the deposition, I do not find any material infirmity in their evidences so far as the alleged offence is concerned. It is perhaps needless to say that hitting by arrow on a chest, it goes to suggest that it was an injury to a vital part of the body and so the learned trial court has found him guilty under Section 307 of the Indian Penal Code. Since the offence is grievous in nature, so the learned trial court quite rightly has found him guilty under Section 326 of the Indian Penal Code also which appears from the impugned judgment which was delivered on 22.03.2013 and the order of sentence that was recorded on 25.03.2013. Since then the accused is in custody.