OM PRAKASH GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgement and order dated 21st November, 2001 passed by the learned Additional Sessions Judge, 2nd Court, Darjeeling in connection with Sessions Case No. 39 of 2001/ Sessions Trial No. 12 of 2001 convicting the appellant for commission of offence under Section 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.2000/-, in default to suffer further rigorous imprisonment for six months more has been challenged.

(2.) The prosecution case is as follows :

(3.) The case, being sessions a triable one, was committed to the Court of Sessions. It was transferred to the Court of learned Additional Sessions Judge, 2nd Court, Darjeeling for trial and disposal. Charges were framed under sections 376/511 and 307 of the Indian Penal Code against the appellant. The prosecution examined as many as nine witnesses and exhibited a number of documents. It was specific case of the case of the defence that Bijoy Laxmi Prasad and the appellant suffered injuries from accidental burn due to bursting of kerosene stove. In conclusion of trial the Trial Court acquitted the appellant of offence punishable under Section 376/511 of the Indian Penal Code. However, by the selfsame judgement and order the Trial Judge convicted the appellant for commission of offence punishable under Section 307 of the Indian Penal Code and sentenced him, as aforesaid.