SANAT MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction under Sec. 304 Part II read with Sec. 34 of the Indian Penal Code against the Appellants, namely, Sanat Marina", Amar M'anna, Lakshan Chandra Manna and Lichubala Manna and against the sentence imposed on them on such conviction, namely, R.I. for 7 years each.

(2.) Briefly stated the prosecution ease is that on March 27, 1991 Gour. Manna the deceased was supervising the masonary work which was going on in their houses in connection with raising of a boundary wall. At about 2.30/3 P.M. of the same day there was a trouble regarding construction of the said boundary wall between the aforesaid Gour Manna and the Appellants and one Lichubala Manna, the wife of Appellant Lakshan and mother of other two. According to the allegation raised in the case, the Appellants and Lichubala came to the spot armed with bati, hansua, Katari and attacked Gour Manna and on being attacked Gour Manna cried out for help and being attracted by such outcry his brothers and mother came to his rescue but they too were assaulted. It is the further allegation that as a result of the assault launched on him, Gour Manna sustained serious bleeding injuries and for this he was at first removed to local P.H.C. and due to the seriousness of the injuries sustained he was thereafter removed to Arambag Sub -divisional Hospital and finally he was taken to N.R.S. Hospital, Calcutta. Subsequently, the victim died in his house after being released from the hospital due to the injury sustained.

(3.) In order to bring home the charge, the prosecution in the case examined in all 11 witnesses including 3 doctors, namely, P.W. 8 Sudhanshu Jana, P.W. 9 Dr. P. Mondal and P.W. 10 Dr. S.P. Kundu. P.W. 11 is the I.O, of the case, who on completion of the investigation submitted the chargesheet against the Appellants and Lichubala.