- (1.) This appeal is directed against judgement dated 26th March, 1984 passed by Additional Sessions Judge, Durgapur in Sessions Case No. 3/83, whereby the appellant was convicted for offence under Section 307 I.P.C. and sentenced to rigorous imprisonment for seven years and a fine of Rs. 1,000/- (Rupees one thousand) and in default of fine further rigorous imprisonment for three months.
(2.) This incident, which led to the prosecution took place on 1st of September, 1980 at about 9 P.M. Paresh Pramanik was running a hair cutting saloon in Durgapur. He was proceeding in Dhandabad from Benachiti Bazar. He reached near a government well near football ground at village Dhandabag. At that time the present appellant Rabi Naidu and his 2/3 associates encircled him. Rabi Naidu assaulted him with knife on his back causing deep penetrating wound at the back between right scapula and vertebral column. The wound was so deep that a nick (cut) was caused at the posterior part of the right upper lobe of the right lung. An additional injury i.e. a fracture on the posterior part on the right 5th rib, was also caused. These people escaped. A number of persons collected there as Paresh Pramanik was in injured condition. Among them there were P.W. 1 Parimal Debnath, P.W. 6 Monohar Kundu and P.W. 7. The injured told them that he was stabbed by Rabi Naidu and that the assailants had already fled. Paresh Pramanik was taken to DSP hospital in Dhandabad. P.W. 3 Dr. Prahalad Sarkar examined him and since his condition was precarious, he was taken to the operation theater and P.W. 5 Dr. J. Mukherjee operated him and repaired his injuries. Blood transfusion was done. Although the injury was dangerous, with proper timely medical aid and good luck, he survived.
(3.) P.W. 1 Parimal Debnath had lodged the first information report on the same night at 11 p.m. on 1st September, 1980 at Police Station Durgapur. In this FIR, based on the information received from the victim, Parimal Debnath had narrated the abovenoted facts. This information was recorded by the Officer-in-Charge of the police station, namely, Krishnaprosad Sarkar, who is P.W. 4. The investigation was handed over to P.W. 8, A. K. Mitra, S. I. The injured remained in a precarious condition for long periods and was in the hospital. His statement was recorded on 2nd December, 1980 by the Investigation Officer, A. K. Mitra P.W. 8. The accused could be arrested only on 12th February, 1981. His other companions remained absconding.;