Joymalya Bagchi, J. - (1.) Appeal is directed against judgment and order dated 25th August, 1984 passed by Additional Sessions Judge, 3rd Court, Howrah in S.T. Case No. XX (October) of 1984 convicting the appellants for committing offence punishable under Ss. 307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/ - each in default to suffer rigorous imprisonment for one month more.
(2.) The prosecution case as alleged against the appellants is to the effect that one Mujibar Rahaman (P.W.3) with his brother Atibar (P.W.2) and his father Sahajamal Kazi (P.W.5) and others lived at Purba Burikhali village within Bauria Police Station. On 5.5.1984 at about 7.00/7.30 p.m. while Mujibar Rahaman (P.W.3) was travelling on a motorcycle with Madan Adhikari (P.W.13) and had arrived in front of house of Biswadeb Das (P.W.8), the appellants stopped them. Mujibar (P.W.3) stopped the motorcycle without switching off the engine. Appellant No. 1 enquired about the reason why Mujibar had not invited him in the marriage ceremony of his brother. Thereafter, he dealt a blow with a vojali on his head and when he attempted to assault again Mujibar tried to ward off the blow with his hand and consequentially the thumb of his left hand was partially severed. Mujibar lost control of the motorcycle and thereafter both the appellants began to assault him with vojali and he suffered bleeding injuries on his head, neck, hand, shoulder and other parts of the body. Marriage ceremony of Ajibar Rahaman, and other brother of the victim, was scheduled to take place on the next day and canopy was being constructed for such purpose in front of the house of the victim. Atibar (P.W.2) was standing in front of the canopy, at that time the victim came running and fell down in front of the house. His injuries were attended and on enquiry he said that he was assaulted by the appellants when he was returning on a motorcycle. A rickshaw was hired and he was taken to the P.S. whereupon O.C advised them to take the victim to hospital. Sahajamal (P.W.5), father of the victim and Ajibar removed him to the hospital. Atibar (P.W.2) remained at the Police Station and narrated the incident to Officer -in -Charge which was reduced into writing and treated as First Information Report. P.W.17, Kalyan Kumar Mitra investigated the case, he prepared a sketch map of the place of occurrence and he recovered a motorcycle and a vojali lying near the place of occurrence. He seized the said articles under a seizure list. The wearing apparels of the victim were also seized. In conclusion of investigation, charge -sheet was filed against the appellants under Ss. 307/34 of the Indian Penal Code.
(3.) The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 3rd Court, Howrah, for trial and disposal.;