Tapash Mookherjee, J. - (1.) THE present appeal is directed against the judgement and order of conviction dated 29th August, 2013 and 30th August, 2013 passed by the learned Additional Sessions Judge, FTC - II, Krishnagar, Nadia, in Sessions Trial No. V of April, 2006 (Sessions Case No. 118 of August, 2005). By the aforesaid judgement and order, the trial court convicted the appellant, Nisha Ghosh, of the offence punishable under Section 326 of I.P.C. and sentenced the appellant to suffer rigorous imprisonment for four years with fine of Rs.2000/ - with a default clause.
(2.) THE facts leading to the appeal transpiring from the FIR in the case, in short, are as follows: - One Judhisthir Ghosh of village Baliadanga under P.S. Kaliganj had landed dispute with one Nisha Ghosh of the same village. On 10th January, 1990 at about 6 O' Clock in the morning when the said Judhisthir Ghosh went to his land for cultivation, the said Nisha Ghosh suddenly attacked and assaulted Judhisthir by a 'Dao' and after such assault, the said Nisha Ghosh along with his father -in -law, Ajit Ghosh fled away from the field. Judhisthir Ghosh sustained serious injury on his forehead and he was immediately shifted at Matiari hospital by his brother and some co -villagers. Subsequently, the wife of the said Judhisthir Ghosh submitted a written complaint at Kaliganj P.S. and narrated all the aforesaid facts on the basis which Kaliganj P.S. Case No. 11 dated 10th January, 1990 under Sections 326/307 of the Indian Penal Code. was initiated against the aforesaid Nisha Ghosh and Ajit Ghosh and after completion of investigation, charge sheet was submitted against them under Sections 326/307/114 of the Indian Penal Code. The accused Ajit Ghosh absconded prior to the commitment of the case and as such the case stands filed against him for the present. The case was thereafter committed in due course to the court of the learned Sessions Judge, Nadia, from where the case was transferred to the court of the learned Assistant Sessions Judge, 2nd Court, Krishnagar, Nadia. Considering the materials collected during investigation, charge under Sections 307/34 of the Indian Penal Code was framed against the accused, Nisha Ghosh. The accused denied the charge and pleaded his innocence all along. Subsequently, the case was again transferred to the court of the learned Additional District and Sessions Judge, Fast Track Court No. II, Krishnagar, Nadia to complete the trial.
(3.) THE prosecution examined 13 witnesses in total and proved some documents as well. Defence tendered no evidence whatsoever. Considering the evidence thus produced on record, the trial court found the accused, Nisha Ghosh, guilty of the charge under Section 326 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for four years and to pay fine of Rs.2000/ - with default clause. Being aggrieved by and dissatisfied with such judgement of conviction and order of sentence, the accused, Nisha Ghosh, filed the present appeal.;