CHUNNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against a judgment and order dtd. 16/7/2010 passed by the Learned Judge, Special Court (E.C. Act)-cum-Additional Sessions Judge, Hooghly, in Sessions Case No.107 of 2004 corresponding to Sessions Trial No.18 of 2005 whereby the Learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Sec. 341 and 304 Part-II of the Indian Penal Code and sentenced the appellant to suffer simple imprisonment for one month with a fine of Rs.100.00, in default, further simple imprisonment for 15 days for the offence under Sec. 341 of the Indian Penal Code and to suffer rigorous imprisonment for 6 (six) years and to pay a fine of Rs.1,000.00, in default, further rigorous imprisonment for six months for the offence under Sec. 304 Part-II of the Indian Penal Code.

(2.) On 29/8/2002 a written complaint was lodged at Mogra Police Station, inter alia, stating that on 26/8/2002 in the evening at about 7:30 P.M., the elder brother of the complainant was returning to his house from market after purchasing meat. On the way the appellant and another accused namely Manoj Kumar Sharma wrongfully restrained the victim and assaulted him with bamboo stick and iron rod. On hearing the clamour, the complainant rushed to the place of occurrence but the miscreants fled and he found his elder brother with grievous injuries on his head with profuse bleeding from his nose and mouth. The complainant lifted his brother on a rickshaw and removed him to Mogra Hospital with the help of his tenants. Subsequently, he was refused admission at Chinsurah Sadar Hospital and at the precarious condition, he was referred to Kolkata for better treatment and he was admitted in Life Line Nursing Home, Kolkata and subsequently he succumbed to his injuries. It had also been alleged that the miscreants had snatched away the HMT watch and cash from his elder brother.

(3.) Based on the said complaint, Mogra P.S. Case No.101 of 2002 dtd. 29/8/2002 was registered under Sec. 341/325/326/307/379 of the Indian Penal Code against the appellant and another accused and after the death of the victim Anil Mahato, the penal provision under Sec. 304 of the Indian Penal Code was added.