DHARANI BOURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against judgment and order dated 29.11.1985 passed by the learned Sessions Judge, Purulia, in Session Trial No. 25 of 1985 convicting the appellant for commission of offence punishable under section 304 Part II of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years.

(2.) THE prosecution case, as alleged, is that a marriage ceremony was held at Sarbagan Mahalla within Purulia (T) P.S. on occasion of marriage of one Sasadhar Bouri son of Jugal Bouri with the daughter of Babulal Bouri. Dilip Bouri, the victim, son of Nakul Bouri, PW 1, was unwilling to go to Sarbagan with the marriage party. The appellant who is his cousin insisted him to accompany them and, accordingly, both of them along with other members of bridegroom party went to attend the marriage ceremony in a Truck. It is alleged that there was a quarrel between the appellant and Dilip Bouri at Sarbagan. At around 3 p.m. the appellant called the victim/Dilip Bouri to one side. Anil Bouri, PW 3 another member of the bridegroom party, followed them. PW 3 saw the appellant stab Dilip Bouri by the side of a pan shop. He caught hold of the injured and raised hue and cry. Other persons came to the spot. The appellant stated that he had committed a bad act but requested the other members of the bridegroom party not to narrate the incident to the police. The victim was taken to the Purulia Sadar hospital and the appellant accompanied him. The victim was admitted to the hospital on 10.03.1984. On the next day Nakul Bouri, PW 1 and Basana Bouri, PW 2, parents of the victim, came to the hospital. Around 4 p.m. the victim, Dilip Bouri, regained his sense and narrated to his parents that the appellant had stabbed him. He however requested his parents not to file any case against the appellant as he was a dangerous person and might harm his elder brother. Subsequently, the victim died in the hospital. On 15.03.1984, an unnatural death case was started. Post mortem was held over his dead body and the victim was cremated. Thereafter brothers of the appellant started threatening other sons of Nakul Bouri, P.W. 1, that they would be killed if a case is started. Finally, on 19.03.1984, PW 1 lodged written complaint at Purulia (Town) Police Station resulting in registration of Purulia(T) P.S. Case No. 7 dated 19.03.1984 under section 302 of the Indian Penal Code against the appellant. In conclusion of investigation, charge sheet was filed under section 302 of the Indian Penal Code against the appellant. The case, being a sessions triable one, was committed to Court of Sessions, Purulia for trial and disposal. Charge under section 302 of the I.P.C. was framed against the appellant. The appellant pleaded 'not guilty' and claimed to be tried.

(3.) IN course of trial, prosecution examined as many as 14 witnesses and exhibited a number of documents to prove its case. The defence of the appellant was one of innocence and false implications.