D.P.Sengupta, J. - (1.) This appeal is preferred against the Judgment and order of conviction and sentence dated 13.7.2001 passed by the learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 6 of 2001 arising out of Sessions Case No. 74 of 1996 thereby convicting the accused appellant under sections 307 and 326 of the Indian Penal Code and sentencing him to suffer R.I. for 10 years for the offence under section 307 and to suffer R.I. for 7 years for the offence under section 326 of the Indian Penal Code and also to pay a fine of Rs. 5,000/-, in default to suffer further R.I. for 6 months.
(2.) Prosecution case, in short, was that on 5.11.91 at about 3.00/3.30 A.M. when victim Arati Ghose came out of her room to attend nature's call, accused Mahabir Ghosh, who happened to be cousin of Arati, caught hold of Arati, tied her mouth by a gamcha and dragged her to the mango garden of one Fakir Chand Mondal. Accused tried to commit rape on Arati by force and on being resisted he assaulted victim Arati with a 'hasua'. When Arati tried to save herself by raising her hand, her left palm was chopped off from her wrist by a hasua blow. Accused even thereafter dealt two more hasua blows on right upper arm of Arati thereby causing grievous injuries on the back of her right shoulder. When Arati tried to escape the accused again inflicted injury by hasua on the left side of her face. Anyhow Arati managed to escape from the hand of the accused, reached in front of their house in injured condition and fell down on the ground. Hearing cry of Arati her mother Kusmi Ghosh and others assembled and Arati narrated the incident and the name of her assailant to them. Victim Arati was thereafter shifted to Malda Sadar Hospital.
(3.) On completion of investigation charge sheet was submitted and the learned Trial Judge considering the materials placed before him framed charge under sections 326 and 307 of the Indian Penal Code.;