Girish Chandra Gupta, J. - (1.) THIS appeal is directed against a judgment and order dated 14th March, 1987 passed by the learned Additional Sessions Judge, Nadia in Sessions Trial No. VII of April, 1986 arising out of Sessions Case No. 5 of January, 1985 convicting the appellant Narayan Das for the offence punishable under section 307 of the Indian Penal Code and sentencing him to suffer simple imprisonment for a period of ten years as also to pay fine of Rs. 1000/ -, in default of payment of fine, to suffer further simple imprisonment for a term of one year. The other four accused persons namely Shyamal Kumar Dey, Tapash Sarkar, Pran Gopal Ghosh and Nitya Gopal Pramanik were also tried in this case for the offence punishable under section 307 read with section 34 of IPC but the learned Trial Court finding no tangible evidence against them to his satisfaction acquitted them of the charge for the offence punishable under section 307 read with section 34 of IPC.
(2.) THE facts and circumstances of the case briefly stated are as follows: On 18th June, 1983 the 'B' shift workers of Kalyani Textile Mills were on agitation for lack of drinking water. Although the shift had already started at 2.00 P.M., the workers did not report for duty. At about 5 O'clock in the evening Madan Mohan Bhaiya, one of the partners, reached the factory. He took his seat. So did the Manager. Shortly thereafter, the partner was surrounded by the workers. They were about forty in number. Conversation was going on as regards lack of drinking water and the arrangements made with regard thereto by the management. The appellant Narayan became furious and started assaulting the said Madan Mohan with fists and blows. Madan Mohan fell down. Narayan pounced upon him and inflicted a wound with a knife in the belly of Madan Mohan. Madan Mohan cried out for help. Santosh pulled up Narayan but he fled away from the place of occurrence. Madan Mohan was taken to the adjoining paper mill from where he was shifted to Jawahar Lal Nehru Memorial Hospital, Kalyani where he was operated upon. At about 5.50 P.M. on 18th June, 1983, the police was informed telephonically by an unidentified person that Narayan had stabbed Madan Mohan whereupon police rushed to Kalyani Textile Mills when they were told that the patient had been taken to hospital. The police went there. The Manager of the Kalyani Textile Mills submitted a written complaint at 19.15 hours on 18th June, 1983. It is on this basis that the case was started under sections 326/307 of the Indian Penal Code against five accused persons including Narayan. The bloodstained wearing apparels of the victim were seized by the police. The appellant Narayan could not be traced. He, as matter of fact, absconded for a very long time and ultimately surrendered on 15th December, 1983. The other accused persons started surrendering one after the other within 3/4 days after the date of the incident. All the five accused persons were charged under section 307 read with section 34 of the Indian Penal Code. The appellant has been convicted and the rest of the accused persons have been acquitted as more fully indicated above. Mr. Das, the learned Advocate appearing in support of the appeal made the following submissions: (a) Except for Madan Mohan Bhaiya the victim himself, who was examined as P.W.5 no other witness saw the accused Narayan dealing the injury with a knife to the victim. (b) The prosecution has not been able to establish that the intention of the appellant was to kill the victim or with that intention the attempt was made. He in support of his submission relied on a judgment in the case of Hari Kishan and State of Haryana v. Sukhbir Singh and others reported in : AIR 1988 SC 2127. He also relied on a judgment in the case of State of Maharashtra v. Mohad. Yakub and others reported in : AIR 1980 SC 1111. (c) Lastly, he submitted that the punishment inflicted upon the appellant is much too severe and should be reduced suitably.
(3.) IT is true that none of the witnesses except for the victim saw the accused pealing the injury with a knife and for that adequate reasons have come in the evidence.;