- (1.) THESE two appeals arose out of common judgment and order of conviction dated 23.12.1989 passed by the learned Additional Sessions Judge, 2nd Court, West Dinajpore, Balurghat in Sessions Trial No. 7 of 1989 and thereby convicting the appellants for commission of offence under section 307/34 of Indian Penal Code and sentencing them for a term of imprisonment of seven years with direction to pay fine with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : One Chachi Deb Sarma lodged a complaint with the O.C. of Kaliaganj P.S. on 24.6.1985 to the effect that there was an illicit connection between his Boudi (wife of elder brother) and accused Chanchal Ghosh. About 15 days prior to the date of incident, he saw the accused Chanchal Ghosh to come out from the house of his 'Boudi' and over the issue he had an altercation with the said accused Chanchal who threatened him with dire consequences. On 24.6.1985 his 'Boudi' was working alone in a field. On the same day at about 5.30 p.m. he saw cut injury on the neck of his 'Boudi' who by signs informed him that accused Chanchal Ghosh assaulted on her neck with the help of a dagger. The injured was first taken to Kaliaganj Primary Health Centre wherefrom she was removed to Raiganj Hospital.
(3.) ON receipt of this complaint, police took up investigation and submitted charge -sheet against both the accused persons under section 307/34 of IPC. After hearing of both sides, learned Trial Court framed charge under sections 307/34 of IPC against both the accused persons.;