- (1.) This appeal has been preferred against the judgment and order dated 13th July, 2005, passed in Criminal Appeal No. 352 of 2001 by the High Court of Calcutta, by which the High Court dismissed the application filed by the appellant and upheld the conviction and sentence passed by the Trial Court in Sessions Trial No. 4 of 2001 (State Vs. Bipin Kumar Mondal) under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter called as the 'IPC'). Factual Matrix :
(2.) Facts and circumstances giving rise to this appeal are that one Sujit Mondal, PW-1, lodged an Ejahar with Raninagar Police Station on 6.12.1999 stating that his father Bipin Kumar Mondal, appellant herein, came to their house at about midnight on 5.12.1999 and attacked his mother, Usha Rani Mondal, with a knife and inflicted severe injuries on her person. When he went to save his mother, he was also attacked by his father. He received injuries on his head and hands and he had to escape out of fear. His younger brother, Ajit Mondal, was also severely injured with a knife by his father. On hearing the hue and cry made by Sujit Mondal, PW- 1, his neighbours came and in the meantime his father ran away.
(3.) On the basis of the said Ejahar, the police investigated the case and submitted the charge sheet against the appellant under Section 302/307 IPC. Appellant pleaded not guilty and hence, he was put to trial.;