TAILAKSHYA DAS Vs. STATE OF W B

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of conviction and sentence dated 13th July, 2000 passed by the ld. Additional Sessions Judge, 2nd Court, Nadia in Sessions Case No.33(2)2000 [Sessions Trial No.IV(June) 2000] thereby convicting the accused appellants under section 302/34 of the Indian Penal Code and sentencing each of them to suffer imprisonment for life.

(2.) The prosecution case, in short, is that on the basis of an information lodged by one Shyamal Das (P.W.I) a case was registered with Chapra P.S. alleging commission of offence under section 304/34 IPC, wherein it was alleged that on 20.6.99 at about 6 p.m. when his cousin Biswanath was proceeding along the village path and when he arrived near the house of accused appellant No.1 Tailakshya, he was attacked by both the appellants namely Tailakshya and his brother Kartick. Both the appellants being armed with 'Chip Dao' came out from the house of appellant No.1 and started hitting Biswanath on different parts of his body and after causing such injuries both the accused persons fled away. Villagers took the victim Biswanath to Saktinagar Hospital and on the way to hospital victim Biswanath succumbed to his injuries.

(3.) Although the case was initially registered and chargesheet was submitted under section 304/34 IPC, the ld. Trial Judge, after considering the materials on record, framed charge under section 302/34 IPC against both the appellants.