MANASH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure filed by the convicts/appellants assailing the judgment and order of conviction and sentence dtd. 30th August, 2018 and 31st August, 2018 respectively passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Kandi, Murshidabad in Sessions Case No. 155 of 2011/Sessions Trial No. 09(03) of 2012 arising out of G.R. Case No. 246 of 2008 and Burwan Police Station Case No. 78 of 2008 convicting the appellants for committing offence under Sec. 304 Part - II of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for a term of seven years each and to pay fine of Rs. 50,000.00 each, in default, to suffer further rigorous imprisonment for one year.

(2.) It is pertinent to mention that Burwan Police Station Case No. 78 of 2008 was registered on the basis of a written complaint submitted by one Subodh Ghosh on 20th April, 2008 stating, inter alia, that on the selfsame date at about 8.30 a.m., the accused persons/appellants were forcibly trying to drive a mini truck bearing No. WB-53/6807 through an under construction culvert causing damage to the road of the said culvert. The de facto complainant and his son, Milan Ghosh raised a voice of protest. At this, the accused persons became furious and abused the de facto complainant and his son. They further assaulted the son of the de facto complainant, Milan Ghosh by fists and blows and also with the help of 'lathi '. As a result of assault, Milan fell down on the ground senseless. He was taken to the hospital where the Medical Officer declared him dead.

(3.) On the basis of the said complaint, Police registered the above-mentioned case and took up investigation. After investigation, the Investigating Officer filed charge-sheet against the appellants under Sec. 304 Part - II of the Indian Penal Code.