SACHIN SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant was convicted under section 326 and 307 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for three months more on each count, both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is that on 27th May, 2006, at around 1 p.m. the appellant dealt a grievous blow on the victim. Arun Sen, the P.W. 2, and P.W. 1, Tapasi Sen, the wife of the victim lodged criminal case against the appellant. In the course of trial prosecution examined 9 witnesses whereas the defense examined three witnesses and also exhibited the injury report of Shayamli, his wife, DW1, as exhibit 'A' and certified copy of General Diary entry as Exhibit B.

(3.) Nobody appears for the appellant. Mrs. Khan, as Amicus Curaie submitted that there was a free fight between the parties and wife of the appellant Shyamali had suffered sharp-cutting injuries by a Vojali. Hence the appellant is liable to be acquitted.