SHIB SHANKAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Court is hearing this appeal as against the judgment and order of conviction dated 11 -11 -2014 and 12 -11 -2014 respectively passed by the then Additional District & Sessions Judge, Jangipur, District: Murshidabad, in Sessions Trial No. 4 April, 2011 (Sessions Serial No. 399 of 2014) wherein the present appellant was convicted in respect of the charge under Section 304 of the Indian Penal Code and also sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/ - in default, rigorous imprisonment for one year more.

(2.) IT may be noted that Sessions Case arose out of G.R. Case No. 198 of 2009 corresponding to Raghunathganj P.S. Case No. 80 of 2009 dated 18 -02 -2009 for the offence punishable under Sections 304/34 of the I.P.C.

(3.) ON the next date, i.e. 07 -02 -2009 at about 7 a.m. again quarrel started in between the present accused and that Swadhin Das. The two sons of Shib Shankar Das, namely, Ananda Das and Mukunda Das caught hold of Swadhin Das and Shib Shankar assaulted him by one sharp -cutting weapon on the left thigh of the victim, Swadhin Das. Swadhin Das sustained serious injuries and was shifted to Jangipur Sub -Divisional Hospital on that date and on 10 -02 -2009 the victim was referred to Berhampore District Hospital and from there, the victim was shifted to one nursing home named and style as "Jivandeep" and ultimately the victim died there on 17 -02 -2009 at night.