Point of Law: It is true that investigation of a criminal case may be faulty inasmuch as Investigating Officer may not seize the blood stained wearing apparel of victim or that he failed to send offending weapon for forensic test. For such faulty investigation, prosecution case shall not suffer.

JUDGMENT :

Bibek Chaudhuri, J.

1. The instant appeal is directed against the judgment and order of conviction and sentence dated 18th December, 2018 and 19th December, 2018 respectively passed by the learned Additional Sessions Judge, 2nd Court, Islampur, Uttar Dinajpur in Sessions Case No. 70 of 2017 and Sessions Trial No. 73(06)/2017 convicting the appellant for committing offence under Sections 307/324 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.3,000/-, in default, to suffer further rigorous imprisonment for a period of two months for the offence punishable under Section 307 of the Indian Penal Code and simple imprisonment for a period of one year with fine and default clause for the offence punishable under Section 324 of the Indian Penal Code.

2. On 18th February, 2015 at about 1/1.30 P.M., the younger daughter of the de facto complainant was sweeping the courtyard of their house. At that time, the wife of the appellant who happens to be her aunt abused her with filthy language and asked her to stop sweeping on the ground that dust particles were floating towards their house. When she went on sweeping the courtyard, the wife of the accused came and assaulted her with a piece of brick. She raised hue and cry. Hearing this, the mother of the said girl rushed to the spot. A quarrel broke out between the said two ladies. In the meantime, the appellant/accused rushed to the spot with ‘Bhojali’ in his hand. He first assaulted the mother of the said child on her head with the help of ‘Bhojali’ causing cut injury. Then again, he tried to assault her and she tried to save her head with her left hand. The second ‘Bhojali’ blow landed on her left hand causing injury over the fingers of her hand. The little finger of the left hand was severed. The appellant again struck third blow on her back causing cut injury. The victim fell down on the ground. Hearing hue and cry, one Md. Aziz and others came to the place of occurrence. Md. Aziz tried to save the victim from the hand of the accused but he was also assaulted.

3. At the time of above incident, the husband of the victim was in his shop situated at about 5/6 kilometers away from her house. He heard the incident and rushed to the hospital because, in the meantime, the victim lady and her younger daughter were taken to the hospital.

4. The husband of the victim, namely, Azad lodged a written compliant on the date of occurrence at about 3.55 p.m. before the Officer-in-Charge of Islampur Police Station. On the basis of which a case being No.92 of 2015 under Sections 448/324/326 of the Indian Penal Code was registered.

5. Police took up the case for investigation and on completion of investigation charge-sheet was submitted under Sections 448/324/307 of the Indian Penal Code against the accused.

6. Since the offence under Section 307 of the Indian Penal Code was triable by the Court of Sessions, the case was committed and subsequently transferred to the learned Additional Sessions Judge, 2nd Court at Islampur for trial. The learned Trial Judge on examination of the witnesses on behalf of the prosecution and examination of the accused under Section 313 of the Code of Criminal Procedure convicted the accused and sentenced him accordingly. The said judgment and order of conviction was assailed in the instant appeal.

7. During trial, in order to bring home the charge against the accused, prosecution examined nine witnesses. Amongst them, P.W.1 is the de facto complainant. P.W.2 is the wife of the de facto complainant and the victim of this case. P.W.3 is the married elder daughter of the de facto complainant and P.W.4, Kurban is the husband of P.W.3. P.W.5, Md. Aziz is the cousin brother of the de facto complainant. P.W.6 is the younger daughter of the de facto complainant. P.W.7 is the scribe and P.W.8 is the Medical Officer who treated Asia Khatun, wife of Md. Azad on 18th March, 2015 at Islampur Sub-Divisional hospital. P.W.9 is