TAPAN ADAK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 30th July, 1988 passed by learned Additional Session Judge, 2nd Court at Howrah in Session Trial case No. XVI(I)/87 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.) PROSECUTION case as alleged against the appellant is that the victim Aloke Kr. Bose was living with his father and family members at 'L' Road, P.S. Liluah. On 17th September, 1985 which was the day of Biswakarma Puja at about 9.30 a.m. the victim Aloke and the appellant were cutting jokes in front of the grocery shop of Ranjit Dalui @ Ghentu (P.W. 4) in the said locality. The matter went out of hand and there was altercation between them whereupon the appellant inflicted fists and blows and threw brickbats at the victim causing injuries on him. The victim returned to his house and was examined by a local Homeopath, Dr. Kartick Ch. Paul, P.W. 6. The latter advised the victim to be removed to hospital. Thereafter the victim was taken to Medical College and Hospital in a taxi by P.W. 1 and other persons. At the hospital the victim was declared dead. Thereafter P.W. 1 went to Bowbazar police station and from there he was referred to Liluah Police Station. P.W. 1 narrated the incident to the officer in charge of the said police station who wrote down the contents and Liluah police station case No. 6 dated 17th September, 1985 was registered under Section 304 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant under Section 304 of the Indian Penal Code. The case being a sessions triable one was committed to the Court of sessions, Howrah and transferred to the Court of Additional Sessions Judge for trial and disposal. Charge was framed under Section 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined as many as 12 witnesses and exhibited number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Court by judgment and order dated 30th July, 1988 convicted the appellant for commission of offence punishable under Section 304 Part II of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for five years. Hence, the present appeal.

(3.) MR . Banerjee, learned additional Public Prosecutor submitted that the victim was assaulted by the appellant. P.W. 2 and P.W. 3 are the eyewitnesses who remained unshaken in cross -examination. The victim himself made a dying declaration implicating the appellant. He further submitted there was no inconsistency in the ocular version and medical evidence. He accordingly prayed for dismissal of the appeal.