JADAV SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.7.2010 passed by the Learned Additional Sessions Judge, Fast Track Court No. 2, Ranaghat, Nadia in Sessions Case No. 104 (12) of 2004 thereby convicting the appellant Jadav Sarkar for committing an offence punishable under Section 304 Part II of the I. P. C. and sentencing him to suffer R. I. for five years with a fine of Rs. 2,000/-.

(2.) One Dhiren Halder lodged one F. I. R. with Ranaghat Police Station on 3.6.2000 alleging therein that on 3.6.2000 at 1.30 hours when his sons Mrityunjoy and Arjun were sleeping in the room keeping the window open, Mrityunjoy was stabbed with a sharp cutting weapon like sphere on his back side. Mrityunjoy shouted owing to pain and Arjun woke up then and there and found with the help of torch that the appellant Jadav Sarkar was fleeing away. Extensive search was made to trace out Jadav Sarkar but he was not found in his house. Mrityunjoy was taken to Anulia Hospital wherefrom he was shifted to Shaktinagar Hospital. On the basis of the said F. I. R. , Ranghat Police Station case No. 120 of 2000 dated 3.6.2000 was registered under Section 326 of the I. P. C. against Jadav Sarkar. Mrityunjoy died thereafter in N. R. S. Hospital, Kolkata. The case was investigated into and finally charge sheet was filed against the appellant under Section 326/304 of the I. P. C. The appellant was arrayed to face the charge under Sections 304 of the I. P. C. to which the accused/appellant pleaded not guilty and, accordingly, the trial commenced.

(3.) In course of trial eight witnesses were examined on behalf of the prosecution. The formal F. I. R. , the F. I. R. , the Post Mortem report, seizure list, medical report, rough sketch map of the P. O. etc. were admitted into evidence and marked exhibits on behalf of the prosecution. No witness was examined on behalf of the defence.