- (1.) This appeal is directed against the judgment and order dated April 30,2008 passed in Sessions Trial No. XXVII (March)/2006 by learned Additional District and Sessions Judge, Fast Track Court, Ghatal, Paschim Midnapore whereby appellant Kalipada Sarder was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 300/- in default to suffer rigorous imprisonment for two months more for the offence punishable under s. 326 of IPC. He was found not guilty for the offence punishable under ss. 448/308 of IPC and has been acquitted of the said charges.
(2.) Factual matrix of the prosecution case is that Sishu Singh , victim returned home from his work. He did not find his daughter in the home. His daughter went to his neighbour's house to see television. He was calling her in a loud voice. At that time, his neighbour accused Kalipada Sardar came to his house and threatened him. Kalipada left the house of Sishu and after a few minutes returned with a broken bottle made of glass. He assaulted Sishu with that broken bottle causing severe bleeding injury on his face and eyes. He was taken to Ghatal Hospital and admitted there. The doctor opined that Sishu might have lost his vision on the right eye. One Basudeb Singh lodged the FIR with Daspur Police Station on February 5, 2005 around 00.25 hours. On the basis of the said FIR Ghatal P.S. case No. 10 of 2005 dated February 5,2005 under ss. 448/326 of IPC was registered.
(3.) The case was investigated. On completion of the investigation charge sheet under ss. 448/326/308 of the IPC was submitted against the accused Kalipada Sardar .;