KISHORI BALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction and sentence passed by Additional District and Sessions Judge, 2nd Court, Nadia at Krishnanagar in Sessions Trial No. VII (VI) 07 sentencing thereby the appellants to suffer R. I for six years and to pay fine of Rs. 1000/- each in default to suffer S. I. for six months more each for the offence punishable under Section 304(II) I. P. C. and to suffer S. I. for six months each and to pay fine of Rs. 500/- each in default to suffer S. I, for two months more each for the offence punishable under Section 323 I. P. C. in this order that both the sentences are run currently.

(2.) A thumbnail sketch of the prosecution case is that on 08.04.2005 at about 4 P. M. Reba Barui, the elder sister of the defacto complainant was proceeding towards sale market then she had a hot altercation with the wife of Jagadish Biswas, their neighbour. In continuation of that Jagadish Biswas, Riko Biswas, Apu Biswas, Kishori Bala, Rai Bala, Tushar Bala of her village being armed with deadly weapons assaulted Hare Krishna Barui, the father of the defacto complainant, Reba Barui, the elder sister, Hari Chand Barui, elder brother and Monkhush Barui, the mother of the defacto complainant when they are standing in front of their house. They are taken to the Bethuadahari Hospital and admitted there. Thereafter the father of the defacto complainant was transferred to Saktinagar Hospital. From Saktinagar Hospital on 13.04.2005 father of the defacto complainant was referred to Nilratan Sarkar Medical College and Hospital for further treatment and on that night the father of the defacto complainant succumbed to the injury. Hence the prosecution case.

(3.) On the basis of the complaint police took up investigation of the case and subsequently charge sheet was submitted under Section 302/34 and 323/34 I. P. C. against the accused persons.