Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and order of conviction dated 20.12.2008 and 22.12.2008 passed by Additional Sessions Judge, Fast Track Court No. 5, Barrackpore, North 24- Parganas in Sessions Trial No. 01(12)/07 arising out of Sessions Case No. 12(09)/07 convicting the appellants under Section 307/34 of the Indian Penal Code.
(2.) The brief facts leading to the instant appeal, inter alia, is that Shyamal Sen of Village- Halisahar, Subhasnagar. Police StationBijpur, District- North 24-Parganas lodged to the effect that on 25.10.2006 at 8.30 a.m. his neighbour Sri Amar Mondal and his son Bholanath Mondal, being instructed by his father assaulted his son Sriman Sajib Sen aged about 14 years, on his head by a hard object, and grounded him and gagged him in such a manner that if he was kept in that position for a couple of minutes he would have been dead. Immediately, the injured was admitted in J.N.M hospital for his treatment and was discharged on 27.10.2006.
(3.) The instant appeal has been preferred by the appellants, inter alia, on the ground that the learned Judge failed to consider that no witness has stated that the appellants had an intention to commit murder of the victim as such order of conviction under Section 307 of the Indian Penal Code cannot be maintained. That apart, the First Information Report was lodged on 31.10.06 though the incident allegedly took place on 25.10.06 without any explanation of delay in lodging the First Information Report.;