GUMPHEY BHUJEL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 19.03.2013 & 20.03.2013 passed by the learned Additional Sessions Judge Special, Fast Track 1st Court, Alipurduar, Dist-Jalpaiguri in Sessions Trial No.2(3)/2008 (Sessions Case No.16/2008 convicting the appellant for commission of offence punishable under Sections 326/307 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months more on both the courts respectively, with a direction both the sentences shall run concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 2.8.07 at about 11.45 A.M. while the victim Kalyan Barua, P.W.4 was supervising work of P.M.G.S.Y at Gopal Bahadur Busty, Dalsingpara, the appellant came to him and demanded Rs.50/-. He refused to pay and the appellant left the spot. 5/7 minutes later appellant returned to the spot and assaulted the victim with a khukuri on his neck and his left hand. As a result, his left wrist was partially severed. He also suffered injuries on his right shoulder and elbow. The appellant fled away from the spot and the victim (P.W. 4) was shifted to Alipurduar Hospital and subsequently to Anandalok Nursing Home, Siliguri for better treatment. On the written complainant lodged by P.W.1, Uttam Thapa, Jaigaon P.S. Case No.116/07 dated 02.08.07 under Sections 394/326/307 of IPC was registered against the appellant. Appellant was arrested. In conclusion of investigation, charge sheet was filed in the instant case under Sections 326/307/392 of the Indian Penal Code against the appellant.

(3.) The case of the appellant was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge Special, Fast Track 1st Court, Alipurduar, Dist-Jalpaiguri for trial and disposal.