Tapash Mookherjee, J. - (1.) THE present appeal is directed against the judgement of conviction and order of sentence passed on 18 -09 -2013 and 19 -09 -2013 by the learned Additional Sessions Judge, FTC - 5, Barasat, North 24 -Parganas, in Sessions Trial No. 6(1) 2008 (Sessions Case No. 17(11) 2006). By the said judgement and order, the trial court found the appellant, Goutam Roy @ Tam, guilty of the offence punishable under Sections 326/307 of I.P.C. and sentenced the appellant to suffer simple imprisonment for six years with fine of Rs. 10,000/ - for the offence under Section 307 of I.P.C. and to suffer simple imprisonment for five years with fine of Rs. 5000/ - for the offence under Section 326 of I.P.C.
(2.) THE facts leading to the appeal, in short, are as follows: - On 7th August, 2006 in the morning while one Samit Pramanick was standing at Tentultala Bus Stand at Jossore Road under P.S. Lake Town, the appellant suddenly appeared there and struck on the head of the said Samit Pramanick with a bottle. The bottle broke due to such hit after which the appellant struck Samit in the back side of the chest with the said broken bottle. Samit sustained bleeding injuries due to such assaults and he was immediately shifted at R.G. Kar Medical College & Hospital for treatment. Subsequently, the brother of Samit namely, Paresh Pramanick, came to know the aforesaid facts of assault and he, therefore, submitted a written F.I.R narrating the aforesaid incidents of assault on the basis of which Lake Town P.S. Case No. 135 dated 7th August, 2006 under Section 326 of I.P.C. was started against the appellant and after completion of investigation, charge -sheet under Sections 326/307 of I.P.C. was submitted against the appellant. After submission of the charge -sheet, the case was committed to the Court of learned Sessions Judge, North 24 -Parganas, from where the case was transferred to different courts for trial and ultimately, the case was tried and decided by the learned Additional Sessions Judge, FTC -5, Barasat.
(3.) CONSIDERING the materials collected during investigation, charges under Sections 326/307 of I.P.C. were framed against the appellant. The appellant denied the charges and pleaded his innocence all along. Persecution examined 7 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 appellant guilty of the charges under Sections 326/307 of I.P.C., convicted the appellant accordingly and passed sentence against the appellant as mentioned earlier and hence, the appeal.;