PRABIR KAYAL Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants are aggrieved by the decision of the Additional District and Sessions Judge, 1st Fast Track Court, Howrah, dated 16th July, 2005 in Sessions Trial Case No. 366/04. The Sessions Court has convicted the appellants under Section 304 Part-I read with Section 34 of the Indian Penal Code. The accused persons have not been found guilty of the charges framed under Section 325 read with Section 34 and Section 341 read with Section 35 of the Indian Penal Code. The appellants have been sentenced to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 500/- (Rupees Five Hundred only) each; in the event of failure to pay the fine the appellants have been directed to undergo simple imprisonment for a period of one month.

(2.) The complainant Jayanta Bagani submitted his complaint on 26th February, 2004 complaining that at 6.00 a.m. that morning, his son Ganesh aged about 16 years, had been struck on his head with a wooden staff (buttam). He has mentioned in his complaint that the victim was held by Pradip while Prabir Kayal struck him on his head. Ganesh, the victim suffered a severe bleeding injury. On hearing a noise the complainant's wife Sonali rushed and tried to rescue her son. However, Prabir, his wife Archana and his three brothers Pranab, Pradeep and Pratap beat up Sonali and dumped her in a drain. Ganesh was admitted into a hospital in Howrah. Thereafter, he was shifted to another hospital, Medical College, Kolkata where he died two days later.

(3.) Liluah P.S. Case No. 34 of 2004 was started on 26th February, 2004 under sections 341/325/34 IPC. Ganesh died on 28th February after he was referred to Medical College, Kolkata.