SWAPAN KUMAR SENAPATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We have heard the learned Counsel for the parties.

(2.) On the 22nd July, 1992 at about 11:00 a.m. Satkari Senapati, hereinafter referred to as the deceased, aged about 76 years was assaulted by his nephew Swapan Kumar Senapati, the Appellant herein, in the presence of, amongst others, P.W. 3 and P.W. 7, the wife and servant of the deceased. As a consequence of the attack, a First Information Report was registered at the Police Station, on the 25th July, 1992, Under Sections 341 and 325 of the IPC. In the First Information Report, it was stated that the relations between the parties were strained on account of some litigation and that the Appellant had attacked the deceased, had sat on his chest, and had hit him on his head with a stone. It appears that the condition of the deceased deteriorated on the 25th of July,' 1992 and though he was taken for treatment to several hospitals, he ultimately died. The dead body was subjected to a post mortem examination and it was noted that there was no external injury on the dead body and that the death had been caused by intra cranial and extra cerebral hemorrhage in the brain.

(3.) The trial court on a consideration of the evidence of P.Ws. 3 and 7, (the other eye witnesses having been declared hostile), found that the prosecution story could not be believed. The trial court, accordingly, acquitted the Appellant. The High Court, has, in appeal, reversed the judgment of the trial court and relying on the evidence of P.Ws. 3 and 7 as also the medical evidence has convicted him Under Section 304(II) of the IPC and sentenced him to seven years rigorous imprisonment. It is in this situation that the matter is before us after the grant of special leave.