Rajarshi Bharadwaj, J. - (1.) The Appeal is directed against the judgment and order of conviction dated 22nd December, 2008 and 23rd December, 2008 passed by learned Additional District & Sessions Judge, Fast Track 4th Court, Jangipur, Murshidabad in connection with Sessions Case No. 36/07 (47/06) and Sessions Trial No. 10th June of 2007 convicting the appellant for commission of offence punishable under sections 326/307 of the Indian Penal Code.
(2.) Prosecution case as unfold in the complaint lodged by Hasil Seikh is that on 19th June, 2004 at about 6 a.m. at Babugram a quarrel took place over the issue of bullock cart and at that time the accused Alimuddin and some other anti-socials armed with lathi, bombs and pistols appeared there and fired at the wife of the brother of the de facto complainant in front of his house. As a result, she fell down. Besides that, the said persons also assaulted the de facto complainant Hasil Seikh and his brother. The said persons also assaulted the para people who rushed there to solve the problem. According to the de facto complainant, the accused Sattar Sk. fired from his pistol and Alimuddin Sk. assaulted with lathi. Besides that other accused persons, whose names were disclosed by him in the F.I.R., namely Sorful Sk., Abdul Khayer Sk., Mortuza Sk. and Jahangir Sk., were also present at the place of occurrence. Over the said issue, the de facto complainant submitted written complaint to the Officer-in-Charge of Sagardighi Police Station, who after receiving the said written complaint started Sagardighi P.S. Case No. 83/94 dated 19th June, 1994 under section 326/307/323/34 of the Indian Penal Code read with section 25/27 of the Arms Act against the accused persons. Thereafter, on completion of investigation, the Investigating Officer of this case submitted a charge-sheet against the accused persons namely, Sattar Sk., Sorful Sk., Abdul Khayer, Mortuza Sk., Alimuddin Sk. and Jahangir Sk. for committing offence under section 326/323/307/34 of the Indian Penal Code showing the accused Sattar Sk., Sorful Sk., Abdul Khayer and Mortuza Sk. as absconders.
(3.) It appears from the lower court record that the absconders accused persons appeared before the lower Court. It also appears from the lower court record that the lower Court committed this case before the learned Additional Sessions Judge, Jangipur since offence is trialable exclusively by the learned Sessions Judge. The order no. 7 dated on 30th April, 2007 passed by the learned Additional Sessions Judge shows that the said Court transferred the case before the Additional Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad for trial. Thereafter, the Additional Sessions Judge after perusing the materials in case diary and record and after hearing the learned Counsel of bothsides, has framed charge against the accused persons for committing of offence under sections 323/326/307/34 of the Indian Penal Code and accordingly contents of the said charge were read over and explained to them, to which they pleaded not guilty and claimed to be tried.;