Tapash Mookherjee, J. - (1.) THE present appeal is directed against the judgement and order of conviction and sentence dated 30 -07 -2010 and 31 -07 -2010 passed by the learned Additional Sessions Judge, Fast Track Court -IV, Krishnanagar, Nadia, in Sessions Trial No. II (6) 2008 (Sessions Case No. 40(5) 2008). By the aforesaid judgement and order, the trial court found the present appellant, Gopal Mondal, guilty of the offence punishable under Sections 341/307/34 of I.P.C. and sentenced the appellant to suffer different terms of imprisonment with fine for different offences proved.
(2.) THE facts behind the appeal, in short, are as follows: - One Tarun Das used to work as a cook in a guest house at Salt Lake and one Maina used to also work as a made -servant there and an intimacy developed between them because of working in the same place. Maina was a married woman and one Ala @ Ali Mondal of village Taraknagar under P.S. Krishnaganj, Nadia, was her husband. On 21 -07 -2007 the said Maina seduced Tarun to visit Taraknagar on some false pretension. Accordingly, Tarun and Maina went to Taraknagar by train and they reached there at about 9.00 p.m. and after arriving there, when they were walking along with the road, then Maina's husband Ala @ Ali Mondal along with the present appellant, Gopal Mondal, suddenly attacked Tarun by sharp weapons and because of several blows of sharp weapons given by them Tarun was severely injured and he fell down on the spot. Hearing in Tarun's alarm some local people came on the spot and shifted the injured Tarun at Saktinagar hospital in that very night. In the following morning, Tarun's brother, Arun Das got the information and thereafter he rushed to the hospital where he found his brother, Tarun, fighting for life. Arun Das thereafter submitted a written FIR narrating all the aforesaid facts, at Krishanganj P.S. on the basis of which Krishanganj P.S. Case No. 194 of 2007 dated 22 -07 -2007 under Sections 341/326/307/120B/34 of I.P.C. was started against the present appellant, Gopal Mondal and two other accused persons, namely, Maina wife of Ala @ Ali Mondal and Ala @ Ali Mondal as well. After the completion of investigation, charge sheet under Sections 341/326/307/120B/34 of I.P.C. was submitted against all the aforesaid three accused persons. The accused Ala @ Ali Mondal could not be apprehended during investigation and charge sheet was submitted showing him absconding.
(3.) AFTER submission of charge sheet, the case was committed to the court of learned Sessions Judge, Nadia, in usual course from where the case was transferred to the court of the learned Additional Sessions Judge, FTC -IV, Krishnanagar, Nadia, for trial.;