Tapash Mookherjee, J. - (1.) THE present criminal appeal is directed against the judgment of conviction and order of sentence dated 26.09.2012 passed by the learned Additional Sessions Judge, Fast Track Court - 1, Haldia, Purba Midnapur in S.T. No. 26/2010 (G.R. Case No. 577/2008). By the aforesaid judgment of conviction and order of sentence learned Trial Court found the appellant guilty of the offence under Section 326 I.P.C. and sentenced the appellant to suffer Rigorous Imprisonment for five years and to pay fine of Rs. 1,000.00 (rupees one thousand only) in default, to suffer Simple Imprisonment for three months more. Being aggrieved by and dissatisfied with such order of conviction and sentence the accused Gour Sankar Maity in the trial has preferred the present appeal.
(2.) THE facts leading to the appeal in short, are as follows: - On 17.07.2008 Smt. Asima Bera, the alleged victim submitted a written complaint to the Court of the learned C.J.M., Purba Midnapur at Tamluk and thereby alleged that in the morning of 24.04.2008 her elder brother Sri Gouri Sankar Maity, the present appellant and his wife Smt. Sumana Maity assaulted her with a sharp 'katari' as she overstayed with her child in her parental home and that due to such assaults she sustained serious injuries on her head as well as on different parts of her body and that, due to the intervention of their father as well as, some local people she was saved. The complainant stated further that after such incident of assaults she had at first gone to the local Hospital from where she had been referred to the Tamluk District Hospital where she was admitted and treated for a long time. She further stated that even after release from the district Hospital she had to undergo treatments by different doctors. As the local Police Station failed to take any action, she was compelled to submit the complaint direct to the Court. The aforesaid complaint was accepted by the Court and referred to the Nandigram Police Station for investigation under Section 156(3) Cr.P.C. where a case under Section 326/307/34 I.P.C. had been started against the appellant and appellant's wife. And after completion of investigation charge -sheet under Section 326/307/34 I.P.C. had been submitted in the case against the appellant and appellant's wife. The case was thereafter committed to the Court of Sessions Judge and ultimately the case was transferred to the Court of learned Additional District and Sessions Judge, Fast Track Court -1, Haldia, for trial.
(3.) CONSIDERING the materials collected during investigation a charge under Section 307/34 I.P.C. had been framed against both the accused persons in the case.;