JAYPRAKASH SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As the appellant has served out the substantial portion of the sentence imposed upon him and as the records have arrived before this court, with consent of the parties, the appeal is taken up for hearing.

(2.) The appeal is directed against the judgment and order dated 20th August/23rd August, 2016 passed by the learned Additional District and Sessions Judge, Chandernagore, Hooghly in Sessions Trial No. 61 of 2013 [Sessions Case No. 57 of 2013] convicting the appellant for commission of offence punishable under Sections 341/324/307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one month for the offence punishable under Section 341 IPC, to suffer rigorous imprisonment for one year for the offence punishable under Section 324 IPC and to suffer rigorous imprisonment for ten years and to pay fine of Rs.1000/-, in default, to suffer rigorous imprisonment for one month more for the offence punishable under Section 307 of the Indian Penal Code; all the sentences to run concurrently.

(3.) The prosecution case as alleged against the appellant is to the effect that on 15th June, 2003 at about 01:30 P.M. the appellant hit the victim namely, Kashinath Neogy (PW1) on the left side of his shoulder and thereafter tried to murder him by trying to strike at his throat with a vojali. Kashinath caught the vojali and suffered bleeding injury on his hand also. Local people apprehended the accused at the spot along with the vojali. Kashinath was shifted to hospital where he was treated. He lodged written complaint at the police station resulting in registration of Chandernagore Police Station Case No.31 dated 15.06.2003 under Sections 341/324/307 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellant and charges were framed against him under Sections 341/326/307 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 7 witnesses and exhibited a number of documents to prove its case. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the judgement and order dated 20th August/23rd August, 2016 convicted and sentenced the appellant, as aforesaid.