JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal appeal is preferred against an Order and Judgment dated 30.10.2009 passed by Additional Sessions Judge, Fast Track Court No. 3, Barrackpore, 24-Parganas (North), convicting the appellant under Sections 326 /307 of the INDIAN PENAL CODE and sentencing the appellant under Section 326 of the INDIAN PENAL CODE to suffer rigorous imprisonment for five years and to pay fine of Rs.2000/- in default to suffer rigorous imprisonment for four months and sentencing the appellant under Section 307 of the INDIAN PENAL CODE to suffer rigorous imprisonment for seven years and to pay fine of Rs.4000/- in default to suffer rigorous imprisonment for eight months and all the sentences would run concurrently in ST 13 (4) 2006, SC 26 (3) 2005.

2. The prosecution case emanated from the complaint filed by the de-facto complainant Prosanta Mondal, precisely stating to be a rickshaw puller by profession plying from Dunlop to Bandel C. Road in the district of Hooghly, that on 05.07.2005 at about 1:30 P.M. he came to Naihati from Dunlop Ghat by a rickshaw boarding a person along with his associate female co-passenger. At about 12:30 P.M. the said pass