MAMON SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 11th August, 2016/17th August, 2016 passed by the learned Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia in Sessions Case No. 60(12) 15 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and Sec. 14 of the Foreigners Act and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer further imprisonment for six months more for the offence punishable under Sec. 302 IPC and to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, in default, to suffer further imprisonment for two months more for the offence punishable under Sec. 14 of the Foreigners Act; both the sentences to run concurrently.

(2.) The instant case was registered on basis of a written complaint lodged by one Sahajamal Mondal alleging over the issue of clearing of water closing the entrance of the house of the deceased Samiul Mondal, an altercation arose on 25th July, 2015 at midnight between the deceased and the appellant. In the course of altercation, the appellant hit the deceased on the head with a crowbar. The deceased was initially shifted to Chapra Primary Health Centre and thereafter to District Hospital, Nadia and he finally expired at NRS Hospital at Calcutta on 29th July, 2015. While the deceased was gasping for his life at NRS Hospital at Calcutta, a further complaint was lodged by Marjina Bibi (PW4) alleging that the altercation had taken place not only with the appellant but also one Babu Mondal, Salam Mondal, Kuljan Mondal and Tanuja Mondal. She further alleged that Babu Mondal had brought the crowbar in his hand and the appellant had suddenly snatched the crowbar and dealt blow on the head of her husband.

(3.) In conclusion of investigation, however, charge-sheet was filed against the appellant alone and upon commitment to the court of sessions, the case was transferred to the Court of the learned Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia who framed charges under Sec. 302 IPC and under Sec. 14 of the Foreigners Act against the appellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 14 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 11th August, 2016/17th August, 2016 convicted and sentenced the appellant, as aforesaid.