JUGAL KISHORE SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Through this appeal, the appellant Jugal Kishore Singh challenges the judgment and order dated January 17, 1994 passed by the Additional Sessions Judge, Hooghly in Sessions trial No. 110 of 1993 whereby the convict/appellant has been convicted under section 304 part II of the Indian Penal Code and sentenced to suffer rigourous imprisonment for four years. Briefly stated the prosecution case as mainly emerged from the recital contained in the FIR lodged by one Biswanath Routh is as under:

(2.) That on 27.1.1993 at about 11 p.m. one Sunil Kumar Routh, an employee of Gurubhata came to Chandanpore Milanbhata to meet some villagers of Chandanpore and at that time he was under the influence of liquor. Sunil made some in-coherent speech for which Jugal Kishore Singh, a Munshi of Milanbhata, took serious exception and out of anger and annoyance he started assaulting Sunil with fists, blows and kicks, when Sunil fell down being so assaulted.

(3.) Jugal Kishore Singh also tied his hands and feet with a rope and brought him inside the godown room and put a padlock on the entrance door, ignoring the request of some of the villagers.