Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 28th/29th April, 2010 passed by the learned Additional Sessions Judge, Fast Track Court, Mathabhanga, Cooch Behar in Sessions Case No. 56 of 2009 [Sessions Trial No. 7 (5) 2009] convicting the appellants for commission of offence punishable under Sections 307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months each.
(2.) The prosecution case as alleged against the appellants is to the effect that on 4th April, 2007, at about 12 noon, Pinki Barman, the de-facto complainant was bathing her son. At that time she was informed that her elder sister-in-law, Sankari Barman had gone to the house of the victim, Gita Rajbhar and thereafter there was a commotion between them. Accordingly, she went to the house of Gita Rajbhar and found that the appellants were striking the victim with sharp instruments. Other neighbours also rushed to the spot whereupon appellant no.1 was detained with bloodstained weapon while appellant no.2 fled away. Subsequently, appellant no.2 was caught in front of the house of Tapasi Sharma. The victim was shifted to local hospital. Appellant no.1 is the husband of the victim and he had illicit relationship with the appellant no.2. The victim was earning her livelihood as a maidservant and on the fateful day when she returned home after her day's work the appellants had assaulted the victim. Over the written complaint of Pinky Barman (PW1), FIR was registered under Sections 307/34 of the Indian Penal Code against the appellants. In conclusion of investigation, charge-sheet was filed against the appellants. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court, Mathabhanga, Cooch Behar for trial and disposal. Charges were framed under Sections 307/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 23 witnesses including the victim and the medical officers and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 28th/29th April, 2010 convicted and sentenced the appellants, as aforesaid.
(3.) Nobody appeared for the appellant. Mr. Deep Chaim Kabir is requested to assist the Court as Amicus Curiae.;