RAM PRASAD GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment dated 9 th August 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Bankura in Sessions Trial No.2 of April 2003 corresponding to Sessions Case No.24 of March 2003 in connection with GR Case No.386/1999 arising out of Bankura PS Case No.144 dated 25 th August 1999 by which the learned Trial Court held the appellants guilty of offences punishable under Sections 498A/302/34 I.P.C and Section 304B thereof. By an order dated 10 th August 2006 each of the three convicts was sentenced to rigorous imprisonment for two years as also to pay a fine of Rs.2000/-, in default to suffer further simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code: They were further sentenced to undergo rigorous imprisonment for life as also to pay a fine of Rs.5,000/- each, in default to suffer further simple imprisonment for six months for the offence punishable under Sections 302/34 of the Indian Penal Code. They were yet further sentenced to rigorous imprisonment for 10 years for the alternative charge under Section 304B of the Indian Penal Code. All the sentences were however directed to run concurrently.

(2.) The facts and circumstances of the case briefly stated are as follows:-

(3.) PW 7 Dr. Murmu had admitted the patient in the emergency ward of Gobindanagar Hospital also known as Bankura Sammilini Medical College and Hospital. PW 8 is the ward master. PW 18 Dr. Mukherjee was the Assistant Professor of the Bankura Sammilani Medical College and Hospital. PW 22 Dr. Dey is the Autopsy Surgeon.