Shivakant Prasad, J. - (1.) This appeal is directed against the judgment of conviction dated 24th April, 2017 and order of sentence dated 25th April, 2017 passed by the Learned Additional District and Sessions Judge,1st Court, Barasat, North 24-Parganas in connection with Sessions Trial No.5(3) of 2016 corresponding to Sessions Case No. 89 of 2016 in reference to G.R. Case No. 12 of 2008 arising out of Baguihati Police Station Case No. 165 of 2008 dated 18.06.2008 under Sections 326/307/34 of the Indian Penal Code, 1860 and under Sections 25/27 of the Arms Act, thereby convicting the appellant of the charge under Sections 307/326 of the Indian Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/- in default to suffer simple imprisonment for 2 years for the offence under Section 307 of the Indian Penal Code, 1860 and further sentenced to suffer 4 years rigorous imprisonment and to pay a fine of Rs. 5,000/- in default to suffer simple imprisonment for 1 year for the offence under Section 326 of the Indian Penal Code.
(2.) Shorn of unnecessary details, the prosecution case is that on 18.06.2008 at about 8:45 a.m. when Yakub Mallick the victim was talking to one Nausad Mondal @ Pacha in front of the generator room of one Sukur Ali, the accused Nazrul Alam Biswas (hereinafter called the appellant) suddenly attacked the victim with a 'bhojali' and assaulted him indiscriminately on his chest, neck and hands as a result he sustained cut bleeding injuries. When the victim tried to rescue himself by picking up a wooden bench, the appellant fired at the victim with a revolver causing profuse bleeding injury on his right shoulder. The victim started shouting out loudly for help and hearing his cry, his relatives and other local people rushed to the place of occurrence, when the appellant fled away in a taxi. The brothers of the victim took him to the Apex Hospital and on the way to the hospital, he told them that the appellant assaulted him with a view to kill him.
(3.) On the basis of written complaint of Md. Yunus Mallick younger brother of the victim, Baguihati Police Station Case No. 165 of 2008 dated 18.06.2008 under Sections 326/307/34 of the Indian Penal Code, 1860 and Under Sections 25/27 of the Arms Act, 1959 was registered for investigation and on usual investigation I.O. submitted charge sheet under Sections 326/307 of the Indian Penal Code, 1860 and under sections 25/27 of the Arms Act, 1959 against the appellant.;