RABIN SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred challenging the judgment and order of conviction and sentence dtd. 1/8/2022 passed by the learned Additional Sessions Judge, 2nd Court, Arambagh, Hooghly wherein the learned trial court was pleased to hold the appellant guilty in connection with Sessions Trial No.05 of 2015 arising out of Sessions Case No.108 of 2014 for commission of offences punishable under Sec. 304(II) of the Indian Penal Code and Sec. 325 of the Indian Penal Code and sentence the appellant as follows:

(2.) The genesis of the case relates to Khanakul Police Station Case No.477 of 2014 dtd. 28/7/2014. The said case was registered on the basis of an information/complaint submitted by Shyamal Naskar with the Officer- in-Charge, Khanakul Police Station, Khanakul Hooghly. The allegations made in the letter of complaint were to the effect that on 26/7/2014 at about 9.30 p.m. (on a Saturday), the appellant, namely, Rabin Santra and one Manoranjan Santra assaulted his brother Dukhiram Naskar with fists, blows and kicks, thereafter, they threw him on the ground near Sabalsinghapur ICDS centre. At the time of incident on hearing hue and cry, the complainant being accompanied by neighbours reached the spot when both the accused fled away. At the time of fleeing away the accused persons threatened the complainant and the neighbours that they would kill them. It has further been alleged that when the duo accused persons assaulted the deceased/victim they kicked him at his abdomen when he received severe injury and was writhing in pain. The victim was admitted to Arambagh Nursing Home on 27/7/2014 (Sunday) as he sustained serious injury. As the physical condition of the victim/deceased deteriorated the Nursing Home Authorities refused to treat him and he was referred to Arambagh Hospital. At about 3.00 pm on 28/7/2014 the victim expired.

(3.) On receipt of the information, Khanakul P.S. Case No. 477 of 2014 dtd. 28/7/2014 was registered for investigation under Ss. 341/323/326/302/504/506(2)/34 of the IPC.