KSHUDIRAM MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal by special leave impugns the judgment of the High Court of Calcutta by which the High Court dismissed the appellant's appeal and upheld the Trial Court's order of conviction under S. 326 of the Penal Code and a sentence of three years rigorous imprisonment thereunder imposed upon him.

(2.) One Kumud Ranjan Roy and the appellant were at all material times neighbours residing in village Belgram in the District of Burdwan. The two were on hostile terms, partly on account of previous litigation and partly due to local elections.

(3.) On March 5, 1964 at about 11.30 A.M. Kumud Roy was working in his courtyard assisted by a workman by the name of Madhusudan Das. They both heard a row outside the front door of Kumud's house, whereupon Madhusudan, followed by Kumud went to the front door to ascertain what that row was about. As soon as Mudhusudan opened the front door the appellant, who was there with some other persons variously armed, gave a blow with a kencha which fell on Madhusudan's left thigh. On an alarm raised by Kumud some of the neighbours rushed there and found the appellant at the entrance of Kumud's house. On their inquiring as to what the matter was, some of the persons who had accompanied the appellant beat three of the neighbours. After the appellant and his associates left, the neighbours found Madhusudan bleeding profusely near the entrance. They removed him in an inner room, bandaged his wound and then sent for an ambulance car. But before it could arrive Madhusudan succumbed to his injury and expired at about 12.15 p.m.