MOHITOSH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17/19-3-1999 passed in Sessions Trial No. 1(11) of 1998 which arose out of Nodakhali Police Station case No. 49 dated 15-5-1994 by learned Additional Sessions Judge, 2 nd Court, Alipore.

(2.) Factual matrix is that on 15 th May, 1994 at about 12.20 p.m. on being attracted by a hue and cry of the victim, the de facto complainant rushed to the P.O. The complainant raised alarm and on hearing such alarm the people of neighbourhood and the youths of Pragati Sangha Club arrived at the place of occurrence. On arriving at the place of occurrence the complainant found his father lying in bleeding condition on the land of his uncle Kartick Monal and was saying that that appellant had assaulted him with Hasua and thereby caused his such condition. The victim was removed to Birlapur Hospital for treatment and as per advice of the doctor of the said hospital he was shifted to Calcutta Hospital where he was administered saline and oxygen. They were asked to shift the victim to some other hospital as they did not have sufficient fund. They took the victim towards Vidyasagar Hospital by a taxi but on the way near Ajanta cinema hall, within the jurisdiction of Behala Police station the victim succumbed to his injuries. Inquest over the dead body of the victim was done by the police of Behala Police Station. FIR was lodged by Paritosh Mondal/P.W.1 the youngest son of deceased at Paita and the same was subsequently received by police of Nodakhali police station and the case was registered against the appellant under Section 302 of Indian Penal Code.

(3.) The investigation was taken up and on completion of the same charge sheet alleging commission of offence punishable under Section 302 of IPC filed against the appellant. The learned Chief Judicial Magistrate, Alipore, 24-Parganas (South) took cognizance of the offence and on completion of the necessary formalities committed the case to the learned Court of Sessions. The case was registered as Sessions Case No. 22(2) of 1998 before the Court of learned Sessions Judge, 24-Parganas (South) at Alipore. It was subsequently transferred to the file of learned Additional Sessions Judge, 2 nd Court, Alipore for trial. Charge was framed against the appellant for his alleged involvement in the commission of the offence punishable under Section 302 of IPC to which he pleaded not guilty and claimed to be tried.