J. N. Hore, J. - (1.) Moslem Sardar and ,Asraf Sardar - the two appellants before us and were convicted under sections 307/34, Indian Penal Code by the learned Additional Sessions Judge, 2nd Court, Alipore and sentenced each to rigorous imprisonment for 5 years and fine of Rs. 1,000/- in default rigorous imprisonment for 6 months more. Half of the fine, if realised was ordered to be paid to the injured. The appellant seek to assail the said order of conviction and sentence in this appeal.
(2.) Briefly stated, the prosecution case was as under : On 12.3.85 at about 8.00 P.M. PW 4 Shakher Ali Mondal (victim) was returning home along with PW 5 Mohar Mistri from Bangla more along the metal road when the appellant armed with sword and knife attacked him and inflicted bleeding injuries on his abdomen and back. Two other persons were also with them. The injured went to the house of PW 2 Hamid Mondal who bandaged the wound with a napkin. Thereafter, the injured was taken to Baruipur Hospital. He was transferred to Bangur Hospital.
(3.) PW 1 Daud Sheikh who heard the incident from the victim went to Joynagar Police Station and lodged information on the basis of which police registered a case and started investigation. On completion of investigation police submitted charge-sheet against the two appellants under sections 323/307/34, Indian Penal Code which in the usual course ended in committal of the case to the Court of Session.;