KALIRAM HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the judgment of conviction and sentence dtd. 6/2/1984 passed by the Additional Sessions Judge, Medinipur in Sessions trial No. XXVIII of November 1983 convicting the present appellant to sentence rigorous imprisonment for 07 years is being found guilty u/s 304(II) of IPC.

(2.) The brief fact of the prosecution case is that the deceased Raghunath was the father of the present appellant, the complainant (PW 1) is his step-mother and PW 4 is his step-sister. On 25th Jaistha 1384 BS, corresponding to 12/5/1982 at about 6/7 p.m. In the evening the accused attacked Raghunath with Lathi, Mugur and Pirah and stuck him with those objects causing serious injuries on his present as Raghunath refuses to transfer his property to the accused as demanded by him. PW 1 tried to resist the accused but the accused also assaulted her. At the time PW 4 was present there, they raised alarm, some of the neighbours came there on hearing the said alarm but the appellant fled away with the Mugur in his hand. The neighbours came to the P.O, thereafter Raghunath was first taken to Debra Hospital and therefrom to Medinipur Sadar Hospital wherein Raghunath succumbed injuries on the next day. One UD case being no. 79 of 1982 dated on 13/5/1982 in connection with the death of the Raghunath was started. The de-facto complainant, due to pain upon all over her body could not go to the P.S immediately after the incident, on 15/5/1982 at 18:15 Hrs. she went to the P.S and lodged the FIR before the Debra P.S being case no. 8 dtd. 15/5/1982. After investigation, police submitted charge-sheet u/s 304 Part 1 IPC against the present appellant. The appellant sent up for trial. The appellant pleaded not guilty and claimed to be tried.

(3.) During the trial the prosecution has produced 09 witnesses but the defence has examined none. On hearing the evidences and after perusing the materials on record the Learned Sessions judge, has passed the impugned order of conviction and sentence against the present appellant finding him guilty for commission of an offence punishable u/s 304 Part 2 of IPC. Hence this appeal.