- (1.) The appeal is directed against the judgement and order dated 22/23.11.2011 passed by the learned Additional Sessions Judge, Fast Tract Court No. 5, Barasat (North) 24 Parganas convicting the appellants for commission of offence punishable under section308/323/324 of the Indian Penal Code and directing them to suffer rigorous imprisonment for seven years with fine of Rs. 5,000/- each, in default to suffer further imprisonment for six months for the offence punishable under section 308 of the Indian Penal Code, to suffer rigorous imprisonment for six months for the offence punishable under section 323 of the Indian Penal Code and to suffer rigorous imprisonment for one yearfor offence punishable under section 324 of the Indian Penal Code, all the sentences to run concurrently.
(2.) The prosecution case, as alleged, against the appellants is as follows :- On 17.10.1996 one Md. Raijul Islam (P.W. 1) lodged a complaint alleging that on the selfsame date at about 4/4.30 p.m. when his brother-in-law Md. Khatib Munshi (P.W. 2) was ploughing his land at Uttar Math some radish plants in the adjoining land of appellant no. 1 were allegedly destroyed by his cattle. Over this issue, there was an altercation and the appellants assaulted him and appellant no. 1 assaulted the victim Md. Khatib Munshi by a da causing incised injuries on his hand, throat and other parts of the body. The victim was taken to hospital and treated. On the basis of such complaint, first information report being Barasat P.S. Case No. 590 dated 17.10.1996 under section 326 of the Indian Penal Code was registered for investigation. In conclusion of investigation charge sheet was filed against the appellants under section 326/308/34 of the Indian Penal Code.
(3.) The case being a sessions triable one was committed to the Court of Sessions, North 24-Parganas and transferred to the Court of the Additional Sessions Court, Fast Tract Court, Barasat, North 24-Parganas for trial and disposal.;