Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 11th/12th March, 2008 passed by the learned Additional Sessions Judge, Bongaon, North 24-Paraganas in Sessions Trial No.01 (7) of 2006 (Sessions Case No.4(3) of 2006) convicting the appellant for commission of offence punishable under Section 307/323/447 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.500/- in default to undergo rigorous imprisonment for five months for the offence punishable under Section 307 of the Indian Penal Code, to suffer rigorous imprisonment for two months for the offence punishable under Section 447 of the Indian Penal Code, to suffer rigorous imprisonment for two months for the offence punishable under Section 323 of the Indian Penal Code, all the sentences to run concurrently.
(2.) Prosecution case, as alleged, against the appellant is to the effect that on 22.12.2005 at about 1.00 a.m., the appellant had assaulted Sukumar Paul, P.W.4 with a 'da' causing bleeding injury on his neck, hand, back and head. Over such issue, his brother Suprovash Paul, P.W.1 lodged First Information Report resulting in the registration of Gopalnagar P.S. Case No.171 dated 22.12.2005 under Section 457/326 of the Indian Penal Code against the appellant.
(3.) In conclusion of investigation, charge sheet was filed against the appellant under Sections 448/326/307 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Bongaon, North 24-Paraganas for trial and disposal. Charges were framed under the aforesaid sections. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined fourteen witnesses in support of its case and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial court by its judgement and order dated 11th/12th March, 2008 convicted and sentenced the appellant, as aforesaid.;