SHIBU GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No. 426 of 2004 passed by the Learned 3rd Additional Sessions Judge, Howrah on 9th day of March 2005 and 11th day of March holding the accused/appellant guilty of offence punishable under Section 302 of the Indian Penal Code to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- for commission of offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine, he must undergo simple imprisonment for one year. Out of the entire amount of fine if realised, 75% of the same is to be paid to the wife of the deceased towards her compensation.

(2.) Briefly, the prosecution case runs as under :-

(3.) On 28.02.1998 at about 2:30 p.m. the victim Ajit Biswas came to the house of Paresh Senapati and there was altercation between accused Shibu Giri and his brother Swapan Giri. At the relevant time, Shibu dealt a blow to Ajit Biswas in his neck by a sharp katari and Swapan Giri caught hold the leg of Ajit at the time of cutting his neck by Shibu. Ajit began to shout and fell on the ground bleeding.