Tapash Mookherjee, J. - (1.) THE present appeal is directed against the judgement and order of conviction dated 27th April, 2012 and 30th April, 2012 passed by the learned Additional Sessions Judge, Fast Track Court - III, Krishnagar, Nadia in Sessions Trial No. XIII (Jan.) 2011 (Sessions Case No. 73(6) 2009). By the said judgement and order, learned trial Judge convicted all the appellants of the offences under Sections 307/324/34 I.P.C. and sentenced the appellants to suffer R.I. for 4 years each with fine of Rs. 1000/ - each for the offence under Sections 307/34 I.P.C. and to suffer R.I. for 2 years each with fine of Rs. 1000/ - each for the offences under Sections 324/34 I.P.C.
(2.) THE facts leading to the appeal as disclosed in the F.I.R. of the case, in short, are as follows: - In the afternoon of 06 -06 -2008, the appellant, Sejo Dafadar, went to the house of his neighbour, Uttam Sk. and searched for Bhaja Sk, son of the said Uttam Sk. and when Bhaja was not found there, an altercation developed between the appellant, Sejo Dafadar and Uttam Sk. during which Sejo Dafadar hurled abuses towards Uttam Sk. and during such quarrel, the appellant Bappa Dafadar suddenly appeared on the spot with a sharp knife and struck in the left leg of Uttam Sk. with that knife. Hearing the alarm raised by Uttam Sk. during such assault, Bulbuli Bibi and Jamal Sk. rushed to the spot and when they tried to save Uttam Sk., then the appellant Sejo Dafadar and Alo Dafadar caught hold of Bulbuli Bibi and on their instigation, the appellant Bappa Dafadar assaulted both Bulbuli Bibi and Jamal Sk. with the knife in his hand. Due to such assault, Bulbuli Bibi, Jamal Sk. and Uttam Sk. sustained serious injuries and Bulbuli Bibi and Jamal Sk. were shifted at Nadia District Hospital immediately after the incidents. Subsequently, Gabu Sk. husband of Bulbuli Bibi who were one of the victims submitted a written complaint in the local Police Station narrating all the aforesaid incidents, on the basis of which Kotwali P.S. Case No. 272/2008 dated 06 -06 -2008 under Sections 326/307/34 I.P.C. was started against all the three appellants and after completion of investigation, charge sheet under Sections 326/307/34 I.P.C. was submitted against all the three appellants. After submission of the charge sheet, the case was committed to the court of learned Sessions Judge, Nadia from where the case was transferred to the court of learned Additional Sessions Judge, Fast Track Court -III, Krishnagar, Nadia for trial, in usual course.
(3.) CONSIDERING the materials collected during investigation, charges under Sections 307/324/34 I.P.C. were framed against all the three appellants by the aforesaid trial court. The appellants denied the charges and pleaded their innocence all along.;