JUDGMENT

Shampa Dutt (Paul), J. - The appeal has been preferred against the judgment and order dated 12.08.1996 passed by the Additional Sessions Judge, 6th Court, Midnapore in Sessions Trial Case no. VIII/1992 convicting the appellant for commission of offence punishable under Section 326 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500 in default to suffer rigorous imprisonment for one month more.

2. On 05.10.1989 when Fulmoni Hembram was sleeping with her children in her house and her husband was away for work at village Basantapur, accused Kanai Tudu, on that day at about 1 a.m., along with accused Dhadra Tudu, Kanka Tudu and Hati Hansda entered into the house of Fulmoni and caught hold of her and when she raised alarm, the accused persons tied her mouth with cloth and dragged her to the bank of Gotegeria pukur and assaulted her and left there. Fulmoni again raised alarm. At that time the accused persons again came and accused Kanai Tudu assaulted her on her left leg just below the knee with a small axe, as a result of which she received fracture injury on her leg. Fulmoni also received injury on her left hand,