Causing grievous hurt by cutting the victim's right hand with a sharp weapon, resulting in amputation, constitutes an offence punishable under Section 326 of the Indian Penal Code.

Kanchan Chakraborty, J.

1. The Challenge in this appeal is to the judgment and order dated 2.9.2009 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 6, Malda in Sessions Trial No. 19/2009 (Sessions case No. 26/2009) thereby convicting the appellant Ramil Mondal for committing offence punishable under section 326 of IPC and sentencing him to suffer Imprisonment for life with a fine of Rs. 10,000/-. Maloti Mondal lodged one F.I.R. with Ratua Police Station on 28.11.2004 alleging therein that on 21.10.2004, the appellant along with others being armed with deadly weapons, such as, 'lathi', 'Hansua', 'Ballam', 'Farsha' came to her house and attacked Lazman Mondal as he could not attend to his work on their land. They assaulted Lachman with 'hansua' and caused severe cut injury on his right arm. When the lodger of the F.I.R. i.e. Maloti Mondal and others rushed to the spot in order to save Lachman Mondal, the appellant and his associates also assaulted them and caused injuries. Injured Lachman Mondal was taken to Malda Sadar Hospital for treatment. His right hand was amputated because in course of medical treatment, gangrene developed. On the basis of said F.I.R., Ratua police station case No. 184/04 dated 28.11.2004 was started against the appellant and three others. The investigation ended in a charge-sheet under section 323, 324, 326, 307 /34 of the Indian Penal Code. The appellant and three other accused persons were arrayed to face the above charges to which they pleaded their innocence. Prosecution examined eleven (11) witnesses and produced some documents, such as, medical reports, F.I.R., Sketch map of the place of occurrence etc. which were admitted into evidence and marked exhibits on behalf of the prosecution. The learned Trial Court, upon consideration of the evidence, oral and documentary, came to a conclusion that the charges labeled against the other three accused persons were not proved against them. They were acquitted from the charges. The appellant Ramil Mondal was also found not guilty to the charge under section 307 of IPC but, found guilty to the charge under section 326 of the IPC. Learned Trial Court sentenced him to suffer imprisonment for life for committing the offence under section 326 of IPC with a fine of Rs. 10,000/-.

2. Ramil Mondal, being aggrieved by and dissatisfied with the said order of conviction and sentence, has preferred this appeal on manifold grounds.

3. Mr. Deep Chaim Kabir, the learned Advocate, Amicus Curiae for the appellant contended that the learned Trial Court failed to appreciate the fact that the right hand of the injured Lachman Mondal was not cut off by the appellant but it was amputated in hospital because in course of treatment gangrene developed. Therefore, even it is accepted for the sake of argument that the appellant caused injury on the right arm of Lachman Mondal by a sharp cutting weapon like 'Hansua', the offence would not come within the category of grievous hurt endangering life. At best, Mr. Kabir contended, the offence alleged may attract section 324 of IPC. He contended further that there was inordinate delay in lodging the F.I.R. and the explanation provided for such delay cannot be said to be sufficient and satisfactory at all. Mr. Kabir has drawn our attention to some flaws in the investigation and contended that prosecution case was doubtful. He put much stress on the fact that no local people who appeared on the scene helped the injured and his family in any manner and tried to resist the appellant and his associates from causing hurt to them. They also did not assist them subsequent thereto. According to Mr. Kabir, this was very unusual and unnatural.

4. Mr. Debasish Roy, learned Counsel appearing for the State of West Bengal, contended that when the victim himself stated specifically that he was hit by the appellant with a 'hansua' on his right hand and, as a result, his right hand was amputated and he had to stay in hos