SHYAM SUNDAR KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Shyam Sundar Karmakar, the original accused No. 1, was charged and tried for offence under section 304 Part I/34 of IPC in the Court of learned 2nd Additional Sessions Judge at Bankura in Sessions Trial No. 2 of 1987. The appellant was found not guilty for offence under section 304 Part I/34 IPC but found guilty and convicted for committing an offence under section 304 Part II/34 of the IPC and was sentenced to suffer RI for 5 years and to pay a fine of Rs. 2000/-. In default of payment of fine, he was to suffer RI for 6 more months. Smt. Mira Karmakar another accused in that trial, was, however, found not guilty of any offence and, accordingly, was acquitted from the charge. Succinctly, the case of the prosecution is stated below :

(2.) Mr. Asok Biswas, the learned Counsel appearing for the appellant has made five fold argument mentioned below :

(3.) Mr. Abijit Adhya, the learned Counsel appearing for the respondent, State of West Bengal contended that the oral testimonies of P.W. 4 Bharmar Dey, a local man and P.W. 5 Saktibala Pal wife of deceased Rabindranath Pal altogether has supported the prosecution case. The other witnesses examined on behalf of the prosecution was also found credible and trustworthy. The death of Rabindranath Pal was found on post-mortem homicidal and ante-mortem in nature. The fact that the appellant hit him on his head with a brickbats has been established by cogent and satisfactory evidence. Therefore, the findings of the learned Trial Court cannot be said to be incorrect.