MACHU GAGRAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Howrah in Sessions Trial Case No. XX (October), 2001 on 28.2.2002.

(2.) Shortly put, the prosecution case is that on 28.05.2001 at about 8.30 p.m. while accused Machu Gagrai in drunken condition was cutting jokes with the female labourers of the brickfield of Bablu and wanted to put vermilion on the forehead of a labourer Lachmi Bedra, the defacto complanant's husband Kishan Gagrai, a coolie leader of the said brickfield who was also intoxicated, protested saying that putting vermilion on the said girl would not be allowed, as he had taken the girl from her father and the accused is at liberty to do whatever he wishes after his taking back the girl to her father at her native place. It followed an altercation and thereafter scuffle between them and in this way they proceeded towards the house of the accused. At about 9,00 p.m. on hearing the cry of Kishan that Machu had stabbed him on his abdomen resulting in bleeding, the defacto complainant and others rushed towards the house the accused and found bleeding from the abdomen of Kishan. The matter was immediately reported to the office of the brickfield and the injured was removed to Medicare Nursing Home at Shibpur where he succumbed to injuries in the early morning of 29.05.2001. The accused fled away after the incident and could not be found despite thourough search. Hence, the accused was charged under section 302 IPC.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused during his examination under section 313 Cr. P.C., is that the accused did not stab the injured. Nothing was recovered from his possession. The injured was not in a position to give any statement. He has been falsely implicated in this case.