AMIRUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The aforesaid two appeals are directed against the common judgment and order of conviction and sentence dated 07.08.2017 and 09.08.2017 respectively passed by the learned Additional District and Sessions Judge, FTC-II, Islampur, Uttar Dinajpur in Sessions Trial No. 22/2014 arising out of Sessions Case No. 59/2014 convicting the appellants under Section 304(II) of the Indian Penal Code read with Section 34 of the Indian Penal Code in connection with Chopra P.S. Case No. 136 of 2007 dated 23.9.2007, in G.R. Case No. 828 of 2007, being Charge-sheet No. 170 of 2007 dated 22.11.2007, convicting thereby the appellant Amirul Haque and sentencing to suffer imprisonment a term of five years and to pay a fine of Rs. 10,000/- (Rupees ten thousand) in default to suffer additional R.I. for one year in respect of the offence under Section 304(II) of the Indian Penal Code read with Section 34 of the Indian Penal Code whereas othe appellant Jarifa Khatoon was sentenced to suffer imprisonment a term of three years and to pay a fine of Rs. 5000/- (Rupees five thousand) in default to suffer additional R.I. for one year in respect of the selfsame charge under Section 304(II) of the Indian Penal Code.

(2.) The prosecution case as portrayed on the face of written complaint is that on 22.09.2007 at about 4 p.m. the cock and hens of the accused persons allegedly had damaged the thatches of kitchen of one Tahera Khatoon wife of late Samirul Haque, hereinafter called the de-facto complainant, situated at Khemcharan Ganch within Chopra Police Station and when she was driving those hens and cocks therefrom the accused Jarifa Khatoon abused the de-facto complainant using filthy languages which said Samirul Haque raised objection. At the very moment, the accused Amirul Haque assaulted said Samirul on his head and in the right hand with a bamboo stick and the accused Jarifa Khatoon caught hold the testis (Andokosh) of Samirul with pressure. As a result, he fell down senseless on the ground. Thereafter, he was shifted to the Islampur hospital for treatment but the doctor referred him to North Bengal Medical College for better treatment but on the way he died near Ramganj Bus Stand.

(3.) On the basis of the written complaint, the Police started the Chopra P.S. Case No. 136/07 dated 23.09.2007 against the accused persons as mentioned in the cause title punishable under Section 304/34 of IPC and the same was endorsed to one S.I. of Police namely, Sanat Kr. Ghosh for investigation who after completion of the investigation, submitted Charge-sheet No. 170/07 dated 22.11.2007 under Section 304/34 of IPC against both the accused persons, the appellants herein.