PARIMAL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 2/4/2019 and 3/4/2019 passed by learned Additional Sessions Judge, Kalna, Purba Bardhaman in Sessions Trial No. 17/2009 arising out of Sessions Case No. 12/2009 convicting the appellant for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default, to suffer simple imprisonment for three months.

(2.) Prosecution case as alleged against the appellant is to the effect that on 19/11/2008 victim had gone to Lakshmipur market to buy medicine for his son. One Bhondul @ Subhash Ghosh along with the appellant and two other unknown persons accosted him and hit him behind his right ear. Victim rushed to the local police station and told the police personnel appellant and two others chopped him. Thereafter, he was removed to State General Hospital at Nabadwip. As his condition was precarious, he was shifted to Shaktinagar Zila Hospital at Krishnagar. On reaching the hospital, he was declared dead. Written complaint lodged by Nilkamal Mondal (P.W. 1) was treated as FIR and Purbasthali Police Station Case No. 190/08 dtd. 20/11/2008 was registered against the aforesaid Bhondul @ Subhash Ghosh, appellant and others.

(3.) In conclusion of investigation, charge-sheet was filed. Charges were framed against the appellant and Bhondul @ Subhash Ghosh under Sec. 302/34 IPC. To prove its case prosecution examined 22 witnesses and exhibited a number of documents. During trial, the said Bhondul @ Subhash Ghosh expired. Defence of the appellant was one of innocence and false implication.