MOHAN MONDAL Vs. STATE OD WEST BENGAL

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial No. 164 of 2003 by the learned Additional Sessions Judge, 1st Court, Howrah on 11th December, 2003 and 12th December, 2003 convicting the appellant/petitioner under Section 302 of the Indian Penal Code. He is also sentenced to suffer Rigorous Imprisonment for life and pay a fine of Rs. 10,000/ - (rupees ten thousand) and in default to suffer Rigorous Imprisonment for two years. Put in a short frame, the prosecution case is as follows: - -

(2.) ON 30th day of January, 2003 around 5:20 p.m. accused Mohan Mondal assaulted school teacher Pradip Santra on pucca road at Khalia bazar with a wooden stick resulting serious injuries and that when witnesses of this case raised alarm Mohan fled away with said lathi and that injured Pradip was admitted at Uluberia Hospital wherein he succumbed to his injuries. On receipt of a written complaint to that effect from one Asim Kumar Mondal, Shyampur P.S. Case No. 8 of 2003 dated 30.01.2003 was started. During investigation police recovered the weapon of assault as per statement of arrested accused Mohan Mondal and after completion of investigation police submitted charge -sheet under Section 302 of the Indian Penal Code. After commitment of the case to the Court of learned Sessions Judge, Howrah and after transfer of the case for disposal charge under Section 302 of the Indian Penal Code was accordingly framed against accused Mohan Mondal who pleaded not guilty. Accordingly trial started and after completion of trial learned Additional Sessions Judge held the appellant guilty and convicted him as aforesaid.

(3.) OUT of total 25 witnesses witness No. 1, 6, 11 and 14 claimed to be eye -witnesses. P.W. 2 was declared hostile by the prosecution.