- (1.) THIS appeal arose out of the judgment and order dated 06.06.2012 and 12.6.2012 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Lalbagh, Murshidabad, in Sessions Trial No. 4(8)/2007 arising out of Sessions Sl. No. 118/05 and thereby convicting the appellants for commission of offence under sections 307/326 of Indian Penal Code and sentencing them to suffer imprisonment for a period of seven years for offence under section 307 IPC and three years for offence under section 326 of IPC with further direction to pay a fine @ Rs. 2000/ - and Rs. 1000/ - each respectively with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows : On 05.4.2005 at about 9.00 a.m. the complainant Habibur Rahaman was cultivating his land. At that time all the accused persons being armed with Heso, ballot, sticks entered into the house of the complainant out of grudge. Accused Siddique Sk. assaulted his daughter Nujera Khatun on her neck with intend to kill her and accused Jabbar Sk. assaulted her on her head with ballot. Accused Dablu Sk. assaulted the daughter of the complainant Moyna Khatun on her head with ballot and accused Bablu Sk. assaulted her with stick on her hand and back. Accused Najbul, Dablu, Bablu Sk., Rentu Sk. and Sentu Sk. assaulted the daughter of the complainant Reba Khatun with fist and blows, kicks on her belly. Accused Dablu Sk., Bablu Sk. and other accused assaulted his daughter Rojina Khatun on her head with ballot. Other accused persons assaulted the daughters of the complainant with fist and blows holding their hairs. All the accused persons had broken the tiles of the house of the complainant.
(3.) A complaint was lodged. After investigation, police has submitted charge -sheet against the accused persons under sections 341/347/427/325/326/307/34 of Indian Penal Code.;