BHANU HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application for suspension of sentence and grant of bail pending disposal of appeal has been taken out by one of the convicts i.e. Bhanu Hazra who was the accused no.2 in Sessions Trial No.1/November, 2007 arising out of Sessions Serial No.1094 of 2007. The accused persons, who were three in number, were charged under Sections 302/34 and 201 IPC. They were all found guilty of committing offence punishable under Sections 302/34 IPC. Each of the convicts including the present applicant was sentenced to life imprisonment and to pay fine of Rs.1,000/-, in default simple imprisonment for two months. The present appeal has been filed by the accused person nos.2 and 3. However, the present application has been filed only by the accused person no.2.

(2.) The prosecution case based on the written complaint filed by one Ajmot Sk. on 18.07.2007 is that Tanjil Sk. (brother of the complainant), Rabia Bibi (Wife of complainant), Serfal Sk. (Son-in-law of complainant) and Anarul Sk. (nephew of complainant) admitted the ailing daughter of the complainant to Berhampore Hospital. The doctor treating the patient advised blood transfusion for the patient. Tanjil Sk. and Anarul Sk. went to Berhampore town in a rickshaw van to collect blood. Anarul Sk. returned to the hospital but Tanjil Sk. and the rickshaw van driver Motilin Sk. did not return to the hospital. Next morning the dead body of Tanjil Sk. was discovered. His throat was cut, he had five injury marks on the left side of throat and one scratch mark on the back and bruises all over the body.

(3.) On the basis of the written complaint, the police started investigation and framed charge-sheet against the accused persons.