ARIJIT BANERJEE,J. - (1.) This is an appeal against the judgment and order of conviction dated 13.11.2000 passed by the learned Assistant Sessions Judge, Rampurhat, Birbhum in Sessions Trial No. 4 (April)/2000 arising out of Sessions Case No. 81 of 1993. The case was initiated against four accused persons namely, Sisful Sheikh, Golful Sheikh, Samad Sheikh and Abdul Aziz alias Baber. They were charged for allegedly committing offence under Section 326 read with Section 34 of the Indian Penal Code, 1860 (in short, "IPC"). During the trial Sisful died. The learned Trial Judge found the other three accused persons (who are the appellants herein) guilty and sentenced them to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 1000/-, in default, to suffer further simple imprisonment for six months.
(2.) Now let us advert to the facts of the case as would appear from the records. Ketabul Sheikh, the de facto complainant, lodged written complaint before the O.C., Murari Police Station on 14 July, 1992. The complaint is to the effect that on 14.07.1992 Ketabul's brother Sejabul Sheikh (the victim) was returning from Mitrapur bus stand to his house after a shave. Behind the house of one Joy Mukherjee there was a narrow lane and a truck was unloading goods there. By the side of the truck, the accused persons, who were armed with dagger and pipe gun attacked the victim. Sisful shot the victim with a pipe gun. Golful and Samad had daggers with them. As a result of the attack the victim sustained severe injury. He lost vision in his right eye and had to remain admitted in hospital for nearly 40 days.
(3.) On the basis of the complaint charge was framed against the accused persons under Section 326 read with Section 34 of the IPC. The accused persons pleaded 'not guilty' and claimed to be tried. Accordingly, the trial commenced.;