JUDGMENT :

Md. Shabbar Rashidi, J.

1. Appeal is at the behest of the State of West Bengal seeking enhancement of sentence directed against judgment and order of conviction dated June 17, 2019.

2. By the impugned judgment, the learned trial Court convicted the accused Bhatu Sk and Motor Sk. alias Motar Sk under S.448/324 of the Indian Penal Code. Learned trial Court, however, did not proceed to sentence the convict and release them on probation of good conduct in terms of S.4(1) and (3) of the Probation of Offenders Act read with S.360 of the Criminal Procedure Code.

3. There was an altercation between the family members of the complaining party as well as the accused on February 26, 2016 over breaking of fencing. Later on, the accused persons being armed with sharp cutting weapons attacked the house of the complainant and assaulted the complainant and others causing bleeding injuries. It has also been stated in the written complaint that, the injured persons fell unconscious and were taken to hospital for medical treatment.

4. Defacto complainant Manju Khatun lodged a written complaint with regard to the incident of February 26, 2016. On the basis of such written complaint Kaliganj Police Station Case No. 133 of 2016 dated February 26, 2016 was started against the eight accused persons. Police took up investigation and on completion of investigation submitted charge sheet.

5. On the basis of the materials in the Case Diary, learned trial Court proceeded to frame charges against seven accused persons on May 20, 2017 under S.448/326/307/34 of the Indian Penal Code.

6. In order to bring home charge leveled against the accused persons, prosecution examined 12 witnesses. In addition the prosecution also relied upon certain documentary evidences.

7. The de facto complainant herself, deposed as P.W.1. She stated her case as made out in the written complaint. She stated that, on February 26, 2016 at about 1 p.m. an altercation took place concerning parental property situated by the bank of the pond, where she cultivated vegetables. On the said date, accused persons started breaking the fencing of the said land. The de facto complainant raised a protest where upon accused persons fled away. Later on, the accused persons being armed with sharp cutting weapons attacked the house of the de facto complainant. They assaulted the de facto complainant and her sister. They also tried to take away her sister of the de facto complainant. They also attacked the brothers of the de facto complainant. The injured persons fell unconscious and were moved to Primary Health Centre for medical treatment. She proved her signature on the written complaint which was scribed at her instruction.

8. One brother of the de facto complainant deposed as P.W.2. He has supported the deposition of the P.W.1. He also stated that, on February 26, 2016 at about 1 p.m. a quarrel took place in between his family and the accused persons over breaking of a fence in their land. Thereafter, the accused persons came back to the house of the de facto complainant being armed with sharp cutting weapons and assaulted them. He further stated that, three of the complainant party were assaulted on heads and had to be removed to Debagram Primary Health Centre for medical treatment.

9. Another brother of the de facto complainant deposed as P.W.3. He has also testified the statement of P.W.1. He also stated that, on February 26, 2016 at 1 p.m., there was quarrel between his family and the accused persons over removing of fencing on their land. Thereafter, the accused persons being armed with sharp cutting weapons attacked the house of the de facto complainant and assaulted the de facto complainant, P.W.2 and P.W.3. They were taken into the hospital for medical treatment being injured.

10. Sister of the de facto complainant deposed as P.W.4. She has stated that, the accused persons were breaking fence of her land situated by the side of the pond. Her elder sister raised protest, whereupon she was a