SENTU MAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) : This appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Birbhum at Rampurhat in Sessions Trial No.3 of May, 2001 (Sessions Case No. 1 of 2000) thereby convicting the accused appellant under section 304 Part I IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.2,000/-, in default to suffer further RI for six months. The appellant was also convicted under section 325 IPC and was sentenced to suffer RI for 7 years and to pay a fine of Rs.2,000/-, in default to suffer RI for a further period of six months. Both the sentences were directed to run concurrently.

(2.) On the basis of a complaint lodged by PW.7, the uncle of the deceased Pradip, a case was registered with the police and it was alleged in the First Information Report that on 26.7.99 at about 9.00 a.m. when victim Pradip was playing with his friends at Chhitaspur, Kalitala, the accused appellant caused grievous hurt with a "Trishul" on the head of Pradip and then to Charan and Mariram. All the three children, who were aged about 5 years, were removed to the hospital and Pradip expired on the same day at about 12.05 noon. On completion of investigation chargesheet was submitted under section 324/326/ 304 IPC. The learned Trial Judge after considering the materials placed before him framed charges under section 324/326/304 IPC.

(3.) To prove its case, the prosecution examined as many as 12 witnesses while none was examined on behalf of the defence.