Nadira Patherya, J.

1. This appeal is directed against the order and judgment dated 29th September, 1997 passed by the Assistant Sessions Judge, 1st Court Contai convicting the accused appellant herein under section 307 of the Indian Penal Code to suffer rigorous imprisonment for eight years and to pay fine of Rs. 3,000/-. In default, to suffer S. I. for a further period of two months.

2. The facts of the instant case is as follows:

The accused appellant along with eight other accused persons armed with deadly weapons trespassed into the dwelling house of the defacto-complainant and demolished the boundary wall of the said dwelling house. On being resisted by P.W.6, the accused appellant inflicted a knife injury on the left chest of the defacto-complainant's husband, Dhiren Mondal (P.W.6). The accused persons also took away a trunk from their house containing cash and gold earring. An FIR was filed by the defacto-complainant on 31st August, 1994, being Egra P.S. Case No.86/94 and on basis of such complaint, investigation was initiated. As a result of such investigation, the accused person along with eight other persons were arrested on 17th November, 1995. The investigation