SHANKAR JAISWARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment of the Calcutta High Court confirming the conviction of the appellant under Section 302 IPC and the sentence of imprisonment for life and a fine of Rs. 5,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. The appellant was charged with the offence punishable under Section 302 IPC of committing the murder of Tarak Jaiswara the younger brother of the informant (PW-1).

(3.) The prosecution story, briefly stated, is that on 14-1-1997 at about 11 or 11.30 p. m. Bhola Jaiswara (PW-1) heard a row from outside his bedroom. He heard the appellant Shankar Jaiswara was shouting and hurling abuse and in the process started knocking at the door of the house of Mohan Jaiswara (PW-3). Apprehending trouble, Bhola Jaiswara (PW-1) came out and requested the appellant to leave the place. The appellant became agitated and started moving towards the main road where he found Tarak Jaiswara (deceased) who was taking his meal while sitting in his rickshaw. Bhola (PW-1) also followed the appellant. The appellant Shankar Jaiswara started abusing Tarak Jaiswara (deceased) in obscene and filthy language. When the deceased Tarak requested the appellant to leave him alone the appellant became furious and started stabbing Tarak with a sharp edged weapon. Deceased Tarak fell in the rickshaw. He was profusely bleeding. Bhola (PW-1) took the victim who is none other than his own brother to North Suburban Hospital in the same rickshaw where the hospital authorities having regard to the grievous nature of injuries advised him to take the victim to the R. G. Kar Hospital. The victim was accordingly taken to the R. G. Kar Hospital where he was pronounced dead. While on his way back from the hospital Bhola (PW-1) found some police personnel in the vicinity of occurrence and he narrated the incident to the police. Based on the statement of Bhola (PW-1) the Police Station Cossipore issued first information report and registered a P. S. Case No. 11 of 1997 under Section 302 IPC against the appellant.