- (1.) THIS appeal arose out of judgment and order of conviction dated 30.03.2012 and thereby convicting the appellants no. 1 and 2 under Sections 447/326/34 of the Indian Penal Code and sentencing them to suffer imprisonment for four years and to pay a fine of Rs.3,000.00 each, with default clause and also convicting the appellants no. 3, 4, 5 and 6 under Sections 447/323/34 and sentencing them to suffer simple imprisonment for one month and to pay fine of Rs.1,000.00 with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows:- A complaint was lodged by one Israfil Sheikh, in Nakashipara Police Station on 22.03.2010 to the effect that on 21.03.2010 at 05.00 p.m. a quarrel took place when a she-goat delivered a kid and the complainant threw the dirt in a ditch. At that time the accused persons attacked their house with iron rods, Sabol and other dangerous weapon to kill his father Baga Sheikh @ Ismail Sheikh when Sariful Farazi assaulted his father with iron road, Sabol on his nose and other persons assaulted his father upon different parts of his body. As a result his father sustained severe injury of fracture on nose. The accused persons also assaulted the complainant and his associates. On receipt of complaint, Police caused enquiry, visited the spot, examined witness and after observing all formalities submitted charge-sheet under Section 307 of the Indian Penal Code. The case was committed by the learned Magistrate to the learned Sessions Judge.
(3.) ON hearing of both the sides charge was framed under Section 447/326/307/34 of the Indian Penal Code. The contents of charges were read over and explained to them and the accused persons pleaded not guilty and claimed to be tried.;