RABI @ RABIN HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 30th June, 2017 and 1st July, 2017 passed by the Ld. Additional District and Sessions Judge, Fast Track 3rd Court, Krishnagar, Nadia in Sessions Trial No. 1 (April) 12 arising out of Sessions Case No. 14(3)12, wherein the Ld. Appellate Court was pleased to convict the appellant under Section 326 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- in default five months simple imprisonment for the said offence.

(2.) The prosecution case in short is that one Sunil Biswas lodged a complaint with the Officer-in-Charge, Krishnaganj Police Station to the effect that on 17th August, 2011 when he was leveling his land at that time the net boundary of the adjacent land was displaced with the leg of a bullock, as a consequence of which, Rabi Halder, Sona Halder and Subhendu Halder, who were cultivating the adjacent land belonging to Sadhan Mistry attacked the complainant and his son with deadly weapons. As a result of which they sustained injuries and his son was severely injured and had to be removed to Shaktinagar District Hospital.

(3.) On the basis of the aforesaid written complaint, Krishnaganj Police Station Case No. 289/11 dated 17th August, 2011 under Sections 326/307/34 of the IPC was registered for investigation against the appellant and two others. On completion of investigation the Investigating Officer (hereinafter referred to as 'IO ') submitted chargesheet under the aforesaid sections against the three persons including the present appellant. The case was thereafter committed to the Court of Sessions and the Ld. Court after considering the materials relied upon by the prosecution, was pleased to frame charge under Sections 324/34 of the IPC, 307/34 of the IPC and 326/34 of the IPC. The charges were thereafter read over to the accused persons who pleaded not guilty and claimed to be tried.