Sankar Acharyya, J. - (1.) THIS appeal has been preferred by the appellant against the judgment and order of conviction dated 26.4.2013 and sentence dated 29.4.2013 passed by learned Additional District and Sessions Judge, Islampur, Uttar Dinajpur in Sessions Trial No. 17 of 2010 arising out of Sessions Case No. 93 of 2010 under Sections 326/307/302 of the Indian Penal Code (hereinafter called as I.P.C.).
(2.) THE appellant preferred this appeal sending petition of appeal from correctional home and on his prayer this appeal has been registered appointing State Advocate for conducting his appeal. Brief history of the case in the Trial Court is that on 26.3.2010 at 18:35 hours, one Pusha Oraon lodged FIR at P.S. Chopra under District Uttar Dinajpur to the effect that on 26.3.2010 at about 4 P.M. accused Bikash Lakra assaulted his wife Rajani Oraon, son Kalyan and daughter. In that incident he committed murder to his said daughter and caused grievous hurt to his wife and son with intention to murder. Police started Chopra P.S. Case No. 68/10 dated 26.3.2010 under Sections 326/307/302, I.P.C. Investigation was done by police. Investigating Police Officer submitted charge sheet against the accused under Sections 326/307/302, I.P.C. before the learned Additional Chief Judicial Magistrate, Islampur. Thereafter, copy was supplied to the accused under Section 207, Code of Criminal Procedure (hereinafter called as Cr.P.C.). Then the case was committed to the Sessions Court under Section 209, Cr.P.C. Cognizance was taken under Section 203, Cr.P.C.
(3.) IN the Trial Court, charges under Sections 326/307/302, I.P.C. were framed, read over and explained to the accused when the accused pleaded not guilty and the case was tried by the learned Additional Sessions Judge, Islampur. Concluding the trial learned Judge in the Trial Court convicted the accused Bikash Lakra finding him guilty of the charges under Sections 326/307/302, I.P.C. and sentenced him to suffer rigorous imprisonment for ten years with fine of Rs. 5000 in default rigorous imprisonment for six months more for committing the offence under Section 326, I.P.C., rigorous imprisonment for life together with fine of Rs. 10000 in default, rigorous imprisonment for one year more for committing the offence under Section 302, I.P.C. Be it noted that punishment similar to the punishment of the charge under Section 326, I.P.C. has also been awarded and it is apparent that due to accidental mistake in the impugned judgment Section of the offence has been mentioned as 302, I.P.C. instead of 307, I.P.C. Said mistake is ignored in this judgment. As per impugned judgment, the sentences shall run concurrently.;