Conviction upheld for grievous hurt under IPC 326, but quashed for attempted murder under IPC 307 due to lack of evidence of intent.

1. This appeal is directed against order of conviction dated January 21,2002, of the appellant for commissioning of offences punishable under S.307/326 of the Penal Code, 1860 (hereinafter referred to as the IPC) and two separate sentences dated January 22, 2002, for commissioning of the above offences, i.e. to suffer rigorous imprisonment for eight (8) years and to pay a fine of Rs.3000/- in default to suffer rigorous imprisonment for further period of six months as also to suffer rigorous imprisonment for a period of four (4) years and to pay further fine of Rs.1000/- in default to suffer rigorous imprisonment for another period of four (4) months, respectively in Sessions Trial No. 1 of June, 2001 arising out of Sessions Serial No. 14/2001, by the Additional Sessions Judge, Kandi, Murshidabad. The period of substantive sentences as recorded hereinabove were directed to run concurrently. In the event of realization of above fine, the same was directed to be paid to the injured person, namely, Jane Alam by way of compensation under the provision of S.357 of the CrPC. The detention of the appellant in pre (and post) trial period was directed to be set off in accordance with the provision of S.428 of the CrPC.

2. On April 23, 1996, at 09.00 hours, one Md. Jane Alam (PW 2, the injured person) went to field lying and situated at village - Masundi, J. L. No. - 14, Anchal No. - III, Sub Division - Kandi, District - Murshidabad for inspection of his above land. A quarrel took place there between him and the appellant in connection with digging of dyke on his land. Thereafter, he was returning home from his aforesaid land. Suddenly, the appellant assaulted the aforesaid injured person with a sharp 'henso' (sickle like weapon) on all over his body. As a result the above person fell down on the field with profuse bleeding from the injured portions of his body. He became senseless. His two brothers, namely, Md. Samsul Alam and Sabadi Sk, who had been working in their respective plots of land nearby, rushed to this spot hearing the screaming of the victim. The appellant fled away from the place of occurrence. The another brother of victim Md. Rafiqul Alam (PW 1, the de facto complainant) came to the place of occurrence within a short period of time. The aforesaid three brothers of the victim initially took him to the Bharatpur Block Primary Health Centre, District - Murshidabnad. Considering the seriousness of condition of the injured person, he was transferred to Kandi SD Hospital, District - Mushidabad. He was under treatment of the medical officer of the above Hospital (PW 6) for a period of 23 days as an indoor patient. According to the treatment papers issued by the above Primary Health Centre, he sustained following injuries: -
"1) A fresh lacerated cut injury present below the left ear on the upper part of the left side of the neck measuring 1 1/2" x 3/4" x 3/4".
2) Another fresh cut injury with laceration was present at the base of the left thumb measuring 1/2" x 1/4" left thumb amputation had done (left thumb not found). Active bleeding from the cut end present.
3) A