LALTU GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment dated 15.05.2009 passed by the High Court of Calcutta in Government Appeal No. 30 of 1987 is called into question in this appeal by the convicted accused.

(2.) The case of the prosecution in brief is that there was a dispute between Ananta Ghosh (accused, since deceased) and the victim Keshab, his neighbour, concerning the boundary of the landed property in which they had the irrespective houses; about 9.30 am on 30.04.1982, accused Ananta Ghosh called the deceased Keshab by standing in front of the house of the deceased; the deceased accordingly came out of his house and his son PW-1 followed him; at that point of time, Ananta Ghosh picked a quarrel with the deceased and thereafter instigated his sons Laltu Ghosh and Paltu Ghosh as well as his friend Sakti @ Sero Karmakar to assault the deceased; Laltu Ghosh punched the deceased on the face and thereafter stabbed the accused in the abdomen; though the deceased fell down, he got up immediately and thereafter started to run away; but Paltu Ghosh stabbed the deceased on his back, who fell down near the tea stall of one Tabal; he was taken to the Primary Health Centre, Kaliaganj in the rickshaw of one Madan where he was treated by Dr. Roychowdhury, PW-18, who gave him first aid and recorded the statement of the deceased; later, the victim was sent to Krishnanagar Hospital for better treatment.

(3.) The statement of the victim was recorded by Dr. Roychowdhury (PW-18) and the same was treated as a dying declaration, since soon after such treatment the victim succumbed to his injuries on the way to the hospital. His son PW-1 lodged the First Information Report (FIR) at 10.45 a.m. on the very same day, i.e. 30.04.1982.