Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated February 15, 2005 and February 16, 2005 receptively passed by the Ld. Additional Sessions Judge, 5th Court, Alipore in S.T. No. 1(3)2003 arising out of S.C. No. 28(7) 2002.
(2.) By virtue of the impugned judgment appellant was found guilty of the offence punishable under Sec. 326 of the Indian Penal Code (hereinafter referred to as I.P.C.) and accordingly he was convicted and sentenced to suffer rigorous imprisonment for 8 years and also to pay a fine of Rs. 2000/ -in default to suffer further rigorous imprisonment for 2 months with a direction to set off the period of detention during investigation and trial under Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(3.) The backdrop of the case of prosecution is discussed in a nutshell hereunder: - - "A written complaint dated March 15, 2002 was submitted by one Ananta Kumar Munda son of late Sukchand Munda of Bongaonpara, P.O. Kalitala, P.S. Canning (PW 1) before the officer -in -charge Canning Police Station, District -South 24 -Parganas. According to the above complaint, appellant, a resident of the same village called victim Manik Munda (P.W.4) from his home with an intent to murder him due to some unknown reason and thereafter chopped off his scrotum with a sharp cutting weapon. Due to such injury PW 4 was taken to Canning Hospital in serious condition.";