Aniruddha Bose, J. - (1.) In this appeal, ten appellants assail their conviction and consequential sentence for committing offences under Ss. 148/307/34 of the Indian Penal Code in a judgment delivered by the Additional Sessions Judge, 2nd Court Nadia, in Sessions Trial No. I(XI)05 corresponding to Sessions Case No. 45(12)04 on 21st January, 2008. The appellants have been sentenced to suffer simple imprisonment for three years each and to pay a fine of Rs. 2,000/ - each in default of which further simple imprisonment for one year each for the offence punishable under Sec. 148 Indian Penal Code. They have been sentenced to suffer rigours imprisonment for 10 years for commission of offence under Sec. 307 of the Code, and pay fine of Rs. 4,000/ - each in default thereof simple imprisonment of further two years. Both the sentences have been directed to run concurrently. The charge against the appellants involve attack on one Jaganmoy Roy on 27th June, 2000 with sharp -edged agricultural implements, which have been described as "dao", "ramdao" and "hahsua" by the witnesses, which ultimately resulted in amputation of the victim's right lower forearm. The First Information Report (F.I.R.) was lodged on the following day, that is 28th June, 2000 by the brother of the victim, Mangalmay Ray in Kaliganj Police Station, Nadia. Altogether eleven persons have been named as the assailants in the F.I.R. We find from records that one of them, Krishnachandra Dey passed away on 7th November 2004, before facing the trial. It has been recorded in the complaint on the basis of which the formal F.I.R. was registered that on 27th June, 2000 while the victim was returning home at Jayrampur village from Juranpur village on a bicycle, he was attacked by the ten appellants in addition to the deceased Krishnachandra Dey with the intention to commit murder of the victim, Jaganmoy Roy at about 5 P.M. The place of occurrence has been described by the victim, in his deposition as P.W. 2 to be of little distance from a culvert near the land of one Balak Das. We shall reproduce the relevant part of his deposition later in this judgment.
(2.) The complaint records that Sunirmal (Santu Hazra) (Appellant No. 10) had ordered: - "Let the wicked fello be hacked to death if you can" (copied verbatim from the translated version of the written complaint. The sentence in the written complaint in bengali could be loosely translated as "make sure the wicked fellow is hacked to death."
(3.) Thereafter Krishna Dey had grappled the victim when he was trying to escape. Sahadeb Dey (Appellant No. 9), Mati Hazra (Appellant No. 8) and Uttam Hazra (Appellant No. 1) started assaulting him repeatedly with ram dao and hansua, aiming his head and neck. When the victim sought to protect him from the blows with his right hand, blow from the assault weapon fell on his right hand, which almost severed the said limb from rest of the body. Blows followed thereafter on his head and back and many persons encircled him with lathi and ramda. When the victim raised alarm uttering the words "save, save", people from the nearby fields reached the place of occurrence. Nakul Ghosh, Madhu Hazra and Nadhu Ghosh, who had reached the place of occurrence chased the assailants, who then escaped. Nakul, who has deposed as P.W. 7 gave the information and the rest carried the victim to his residence, from where he was admitted to Katowa sub -divisional hospital. The First Information Report was lodged at 12.20 hours on the day following the day of assault, being 28th June, 2000. It has subsequently transpired from the evidence of prosecution witnesses that after the lower forearm of his right hand was amputated in Katowa hospital, he remained there for twenty -two days. There has been some dispute on the question as to whether such a long stay in the hospital was necessary or not, but this dispute has little impact so far this appeal is concerned. During that period, the victim had been referred to the Burdwan Medical College and Hospital for brain scan. After his discharge, he was taken to a nursing home in Kolkata and underwent further treatment there.;