JUDGMENT :

Mir Alfaz Ali, J.

1. Learned Senior Counsel, Mr. HRA Choudhury assisted by Mr. Azad Ahmed for the appellant and learned Addl. Public Prosecutor, Mr. BB Gogoi for the State were heard.

2. This appeal is directed against the judgment and order dated 13.08.2018 passed by the learned Additional Sessions Judge, Bilasipara, in Sessions Case No. 105/2011, whereby, the appellant was convicted u/s. 326/307 IPC and sentenced to imprisonment for 10 (ten) years on each count with fine of Rs. 10,000/- with default stipulation.

3. The prosecution case, as unfolded during trial, was that on 13-09-2005 at about 10 O' Clock in the morning, when father of the informant, Jallal Uddin Ahmed was going to graze his cattle, the appellant Ujur Ali along with Towaz Uddin and Siddique Ali mounted assault on him by dao, dagger etc. and thereby caused multiple injuries on the person of said Jallal Uddin. Later on the injured was shifted to Bilasipara SHC, wherefrom he was referred to Dhubri Civil Hospital for treatment. The PW-2, Joynal Abedin lodged an FIR with the Bilasipara Police Station, on the basis of which, police registered Bilasipara P.S. Case No. 22-5/2005 u/s. 341/307/326/34 IPC and eventua