Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 28th/29th May, 2009 passed by the learned Additional District & Sessions Judge, 5th Fast Track Court, Malda in Sessions Case No. 308/2007 [Sessions Trial No. 70 (12)/2007] convicting the appellants for commission of offence punishable under Sections 326/307 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for two months more for the offence punishable under Section 307 IPC. No separate sentence was imposed in respect of the conviction under Section 326 IPC.
(2.) The prosecution case as alleged against the appellants is to the effect that they were grazing cattle on the land of the victim, Adwaitya Ghosh and when Adwaitya Ghosh protested they chased him and assaulted him with hasua on his right wrist. As a result his right palm got amputated and fell down on the ground. He was also assaulted on other parts of the body. Neighbouring people came to the spot and admitted the victim initially to Gazole Hospital and thereafter he was shifted to Malda District Hospital. In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgement and order dated 28th/29th May, 2009 convicted and sentenced the appellants, as aforesaid.
(3.) Nobody appeared for the appellant. Ms. Minoti Gomes is requested to assist the Court as Amicus Curiae.;