UMAPADA KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is filed by the sole accused who has been convicted for the offence under Section 304 Part-II of Indian Penal Code. Initially, as many as nine accused persons came to be tried before the learned Additional Sessions Judge on the allegation that they had committed the murder of one Shaktipada Kayal on 5.6.1983.

(2.) Briefly stated, the prosecution story, as emerging from the first information report, was that the deceased Shaktipada Kayal along with his younger brother PW 6 Kush Kumar Kayal and their few relatives had gone to the tank (pukur) for catching fish and while coming back, they saw accused persons plucking fruits from the palm tree belonging to the deceased. On questioning as to why the fruits were being plucked, the deceased and his brother PW 6 were assaulted by as many as nine persons. At once, Umapada picked up a chowki (a stick with spikes) and struck a blow on the left side of the chest of deceased. The chowki penetrated into his body. PW 6 also sustained injuries in the incident. The deceased was carried immediately to P.G. Hospital, Calcutta but did not survive. As a result, the first information report came to be lodged on the next day i.e., on 6.6.1983.

(3.) After usual investigation and collecting the statement of the concerned witnesses, a charge-sheet came to be filed against as many as nine persons. Learned Additional Sessions Judge vide judgment dated 20.9.1988 acquitted all the nine accused holding that the offence under Section 302 read with Section 34 I.P.C. was not proved against any of the accused.