SHIBNARAYAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Nobody appears for the appellant. Ms. Roy, empanelled with High Court Legal Services Authority is requested to represent the appellant. Secretary, High Court Legal Services Authority shall regularize her service.

(2.) Appellant has assailed judgment and order dtd. 30/8/2017 and 31/8/2017 passed by learned Additional Sessions Judge, Kalna, Burdwan, in Sessions Trial No. 08/2013 arising out of Sessions Case No. 63/12 convicting the appellant for commission of offence punishable under Sec. 304 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000.00, in default, to suffer simple imprisonment for six months more.

(3.) Prosecution case as alleged against the appellant is to the effect that on 1/10/2011 at 9 p.m. the deceased (Basudeb Santra) accompanied the appellant to his farmhouse to attend a feast at Dharmadanga. In the course of the feast, an altercation took place between the appellant and the deceased. In the course of altercation appellant hit the deceased with a "tangi" on the neck and back. Thereafter, he threatened others and fled away from the spot. Victim was taken to Kalna Sub-Divisional Hospital and thereafter to Burdwan Medical College and Hospital for better treatment. Written complaint was lodged by Sulata Santra (P.W. 1) against the appellant at police station resulting in registration of Kalna P.S. Case No. 239 of 2011 dtd. 2/10/2011 under Ss. 341/326 of the Indian Penal Code. Victim subsequently died on 5/10/2011. Inquest and post-mortem were held over the body of the victim. Appellant was arrested and charge-sheet was filed against him. Charges were framed under Ss. 341/304 of the Indian Penal Code.