MILAN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Informal paper books are ready. With the consent of the parties, the appeal is taken up for hearing.

(2.) The appeal is directed against the judgment and order dated 4.7.2015 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No.1 (June)/2015 corresponding to Sessions Case No. 21 of 2015 convicting the appellant for commission of offence punishable under Sections 307/324 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for nine years and to pay fine of Rs. 5,000/- for the offence punishable under section 307 IPC; in default to suffer rigorous imprisonment for one year and also to suffer imprisonment for three years and to pay fine of Rs. 1,000/- for commission of offence punishable under section 324 IPC; in default to suffer simple imprisonment for three months. Both the sentences shall run concurrently

(3.) Prosecution case as alleged against the appellant is to the effect that on 7.2015 at 4.15 p.m. the appellant, an under-trial prisoner, assaulted Josimuddin, another under-trial prisoner with a spoon resulting in injuries on his cheek and throat. Over the incident, written complaint was lodged by Josimuddin Ahmed, P.W 5 with Bolpur P.S resulting in registration of Bolpur P.S case no. 114/15 dated 8.2015 under section 325 IPC. In conclusion of investigation, charge sheet was filed against the appellant and the case was committed to the court of sessions and transferred to the court of Additional Sessions Judge Bolpur, Birbhum for trial and disposal. Charges were framed under section 324/307 IPC. The appellant pleaded not guilty and claimed to be tried.