RABI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned Counsel appearing for the appellant prays for suspension of bail. As paper books are ready, the appeal is taken up for hearing.

(2.) The prosecution case against the appellant is to the effect that on 21.06.1997 at 3P.M. the victim Joydev had come onto the land of Rameswar Mondal, father of the appellant, and was proceeding towards his shaddock tree to pluck the fruits. At that time, the appellant chased him and assaulted him with a knife causing bleeding injury. F.I.R. was lodged by Fulbasi Mondal, mother of the deceased (P.W. 1) under Section 304 of the Indian Penal Code against the appellant. Pursuant to investigation, charge-sheet was filed against him and case was transferred to the Court of the Additional Sessions Judge for trial and disposal. Charge was framed under Section 302 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried. Prosecution examined twelve witnesses and exhibited a number of documents. In conclusion of trial, learned Trial Judge by the impugned judgment and order dated 28.04.2010 and 29.04.010 convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for six months more.

(3.) Mr. Mukherjee, learned Counsel appearing for the appellant argued that the prosecution case has not been proved beyond doubt. Although incident occurred in a public place, no independent witness has been examined. Deceased was illegally proceeding to pluck fruits when he was assaulted and the appellant had no intention to murder him. Hence, the conviction and sentence may be set aside.