ANANTA RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 25.02.2010 passed by the learned Additional District and Sessions Judge, 3rd Fast Track Court, Alipurduar in Sessions Trial No. 54 of 2008 arising out of Sessions Case No. 158 of 2008 thereby convicting the appellants (1) Ananta Ray, (2) Biswath Ray alias Biswanath Ray, (3) Amulya Ray and (4) Prafulla Ray for committing offence under Sections 304 (Part-II)/34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years with fine of Rs.1,000.00.

(2.) THE judgment impugned has been challenged mainly on the following grounds:

(3.) ACCORDING to the First Information Report, Parimal was taken to Munshipara Primary Health Centre after the assailants retreated hearing hue and cry raised by the family members of Parimal. Parimal was referred to North Bengal Medical College and Hospital and was admitted there on 06.09.2005. Mr. Mukherjee, learned advocate for the appellants, contended that Parimal died on 08.09.2005 and a U.D. Case was started. Inquest on the dead body of Parimal was done on 09.09.2005. Post mortem of his dead body was done on 09.09.2005. The First Information Report was lodged on 10.09.2005 at 05.30 p.m. The explanation given in the First Information Report and stated by the P.W. 1, in such situation and circumstance, cannot be said to be sufficient and satisfactory. After inquest and post mortem on the dead body, the First Information Report was lodged although the victim died on 08.09.2005. Mr. Mukherjee further contended that certain factors related to this delay, such as, (I) the inimical relations between the deceased and the appellants, (II) that the deceased was admitted in the hospital in intoxicated condition, (III) that there was evidence to that effect that Parimal fell down from a tree, are also to be taken into consideration in order to ascertain the inordinate delay in lodging the First Information Report. The learned Trial Court did not consider the case from that angle. He referred to the decisions of the Hon 'ble Apex Court in Kishan Singh (Dead) vs. Gurpal Singh & Ors., reported in (2010) 3 SCC (Cri) 1091, Ramesh Baburao Devaskar & Ors. vs. State of Maharashtra, reported in (2007) 13 SCC 501, Om Prakash vs. State of U.P., reported in AIR 2009 SC 944 and Mahtab Singh & Anr. Vs. State of U.P., reported in AIR 2009 SC 2298, in support of his contentions.