HARIPADA MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arose out of an order of conviction under section 304(1) of the Indian Penal Code and sentence to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1000/- in default to suffer further simple imprisonment for six months passed by the learned Additional Sessions Judge, 3rd Court, Midnapore by his judgement and order dated 17th May, 1989 in Sessions Trial No. 22 of February, 1987. In the background of this appeal, the fact in a nutshell is that the de facto complainant Hiren Mahato lodged a complaint with Jhargram P.S. on 20.05.86 stating that on the date of incident at about 12 noon, he was engaged in his own house with some work while Haripada Mahato and Kalipada Mahato attacked the complainant being armed with iron rod and lathi. They assaulted the informant on his hands, legs and head. As a result, he sustained blood injury on his head. He fell down on the ground and lost sense. Thereafter, the accused person looted the belongings from the house of the informant and fled away. Subsequently, the villagers came and took the injured person to Manickpara beat house where he narrated the incident before the Police. Thereafter, he was sent to Manickpara Hospital. Therefrom he was shifted to Jhargram hospital. On receipt of written complaint, the Jhargram P.S. Case No. 11 dated 20.05.86 was started against the present two accused persons under section 447/ 325/ 506 and 379 of the Indian Penal Code. Charge-sheet was submitted under section 447/ 325/ 506 and 304 of the Indian Penal Code.

(2.) The case was committed to the learned Court of Sessions.

(3.) On hearing of both the sides, charge under section 304(1)/ 34 of the Indian Penal Code was framed against both the accused persons. The contents of the same were read over and explained to them when they pleaded not guilty and claimed to be tried.