HALIM @ HANIF SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the time of admission of appeal a rule of enhancement of sentence was issued. Hence, the appeal along with rule is taken up for hearing analogously.

(2.) The appeal is directed against the judgment and order dated 30.01.2013 passed by the learned Additional Sessions Judge, 2nd Court, Murshidabad at Berhampore in Sessions Serial no. 411/2006 (Sessions Trial No. 04 of September, 2010) convicting the appellant for commission of offence punishable under Sections 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.3, 000/-, in default to suffer further rigorous imprisonment for three years more.

(3.) The prosecution case, as alleged, against the appellant is to the effect that on 19.8.1991 around 5 p.m. the appellant along with Md. Ayub Sk and Md. Ismadi Sk. upon instruction of their father Tahajuddin Sk. assaulted the victim Md. Aitul Sk. on different parts of the body with hansua out of old grudge and as a result his abdomen was split open and his intestine came out. His condition was very serious and he was shifted to hospital. On the written complaint of his brother Wadul Sk. (P.W. 2) FIR was registered against the appellant and other accused persons being Rejinagar P.S. case no. 99 dated 19.8.91 under section 326/34 IPC. In conclusion of investigation, charge-sheet was filed against he appellant and three other accused persons under sections 326/307/34 IPC. The case being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 2nd Court, Murshidabad for trial and disposal.