SAMIR KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal conviction and sentence passed by the Additional Sessions Judge, Birbhum, Rampurhat in Sessions Trial No. 3 of August 1990 arising out of Sessions Case No. 112 of 1988 under Sec. 304 Part II of the Indian Penal Code directing the Appellant to undergo rigorous imprisonment for 10 years has been assailed by the Appellant Samir Kumar Mondal.

(2.) The Prosecution story has been depicted in course of trial is that on January 24, 1988 in the early morning when Gouri Bala Mondal, wife of the deceased was engaged in wishing her utensils in the pond close to her house, her husband's elder brother accused Benoy Kumar Mondal (since acquitted) was cleaning the read with broom stick. At that time, some dust particles fell on the person of Gouri Bala, as a reason whereof, there was quarrel among her husband, two sons with the Appellant and his father.

(3.) At that time the Appellant was said to have brought a crowbar and struck on the head of Ajit Kumar Mondal, husband of P.W. 2, as a consequence whereof, father of P.W. 1 became unconscious and sustained bleeding injuries. He was taken first to Mollarpur Primary Health Centre, but the Doctor who attended him, seeing his serious injuries, advised to shift him to Suri Sadar Hospital. Thereafter, the injured was removed to Suri Sadar Hospital, where he succumbed to the injuries.