Debasish Kar Gupta, J. - (1.) This appeal is directed against the judgment and order of conviction dated March 21, 2014 and sentence dated March 24, 2014 passed by the learned Judge, Special Court IE Act, Additional District & Sessions Judge, Berhampore, Murshidabad in SSL No.359/2009. The appellant has been convicted for commissioning offence punishable under Sections 326/307 of the Indian Penal Code (hereinafter referred to as the I.P.C.). The appellant is sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 5000/-. Further direction is given to set off the period of his imprisonment during pendency of the above trial against the above sentence.
(2.) The backdrop of the case of prosecution is discussed in a nutshell hereunder:- A written complaint dated March 10, 2009 was submitted by one Smt. Mahamaya Mondal, widow of late Kanai Mondal, (PW 1) before the Inspector in charge Domkal Police Station, Domkal, District-Murshidabad. According to the above complaint, her son Basudev Mondal (PW 8) was a van rickshaw puller of Saraswati Sishu Mandir. The aforesaid PW 8 was returning home from Baniakhali by a cycle at about 13.30 hours. Near Sripatipur, one Furkan Sk, the appellant suddenly assaulted him with a "Henso" (sickle) on the left wrist, amongst other places of his body. The persons nearby had rushed to this spot and removed him to Islampur Rural Hospital after rescuing him from the attack of the appellant. The PW 8 was subsequently referred to Berhampur New General Hospital considering the injury sustained by him. According to the above letter of complaint one Suvendu Roy, Malay Ghosh and one Utpal Sengupta, apart from the above de facto complainant witnessed the above commission of offence by the appellant.
(3.) On receipt of the above letter of complaint it was diarised on the same date at 21.25 hours. A formal FIR was lodged bearing Domkal P.S. FIR No.193/09 dated March 10, 2009 at 21.25 hours against the appellant for commission of offence punishable under Sections 326/307 of I.P.C. Inquest report (investigation report) was prepared by Sri Shyamal Kumar Ghosh, Sub-Inspector of Police, Domkal P.S., Murshidabad, (the Investigating Officer), on March 11, 2009 at 14.45 hours. According to the above report the wrist with five fingers of the PW 8 was detached from his left hand.;