GANESH MURMU Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgement and order of conviction and sentence dated 09.01.2008 and 10.01.2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Trial No.8(ii)/2006 arising out of Sessions Case no.228/2006 by which the appellant was convicted and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/-, in default to suffer further 6 months rigorous imprisonment for the offence under Section 326 of the Indian Penal Code and was also convicted and sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 500/-, in default to suffer 3 months rigorous imprisonment for offence under Section 308 of the Indian Penal Code and both the sentences imposed were ordered to run concurrently. Period of pre-trial detention of the appellant was ordered for set off in terms of provision of section 428 of the Code of Criminal Procedure, 1973 by the impugned judgement.

(2.) The impugned judgement has been assailed on the ground that the appellant has been falsely implicated as he is an innocent person and the witnesses who have deposed against the appellant are not corroborative to the prosecution case.

(3.) Brief fact of the instant appeal is that on 28.11.2005 at 7 p.m. Anil Hansda, the victim was suddenly assaulted by the appellant Ganesh Murmu by means of 'hasua', a sharp-cutting weapon, as a result of which he sustained cut on the rib on the chest. On the basis of the complaint lodged by Bikram Mardi, the defacto complainant, Bamongola police station case no.90/2005 dated 29.11.2006 was started and on the basis of the same, investigation took place and on usual investigation a charge-sheet was accordingly submitted against the appellant to face trial in open court. The case was committed to the Court of Sessions by the learned Chief Judicial Magistrate, Malda and the Sessions Judge after taking cognizance under section 193 of the Code of Criminal Procedure, 1973 transferred the case for trial and disposal in the Court of the Additional Sessions Judge, 3rd Fast Track Court, Malda. Charges under Sections 326 and 308 of the Indian Penal Code were framed against the appellant to which he pleaded not guilty and claimed to be tried vide order dated 17.11.2006. Accordingly, the Sessions Trial was started and prosecution examined as many as nine witnesses in order to bring home the charges against the appellant. After closure of the evidence against the present appellant, he was examined under section 313 of the Code of Criminal Procedure, 1973 in which he declined to adduce any evidence in his defence, however, pleaded not guilty saying that he has been falsely implicated.