PRASANTA MONDAL @ KANCHIRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated March 4, 2008/ March 5, 2008 passed by the Additional Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Trial No.III(III) 07 arising out of Sessions Case No.4(12)06 convicting the appellant Prasanta Mondal alias Kanchiram under Section 304 Part -I of the Indian Penal Code.

(2.) A written complaint was made by Shri Kanai Mondal, father of the victim Bharat Mondal, aged about 25 years on March 29, 1993 which was addressed to the Officer -in -charge, Tehatta Police Station, Nadia. On the basis of the said written complaint primarily FIR was drawn and Tehatta P.S. Case No.24/93 dated March 29, 1993 under Section 304 Indian Penal Code was started. In the written complaint the victim's father made out a case that his son, namely, the victim had free mixing with the wife of Prasanta and that used to give rise quarrel off and on. On the fateful day, that is, on March 28, 1993 evening at about 7 p.m. Bharat went to the house of Prasanta when he was absent and his wife was alone. Thereafter, when Prasanta and few of his friends came and saw Bharat, a quarrel broke out and out of such quarrel Prasanta and his friends beat Bharat and he died. After enquiry, Police filed chargesheet being Charge -Sheet No.4 dated January 5, 1996 against 3 accused persons, namely,

(3.) IT may be mentioned that accused Nemai Sarkar, Dinesh Sarkar and Bhela Sarkar were acquitted under Section 232 of the Code of Criminal Procedure vide Order No.14 dated January 15, 2008. The appellant herein was found to be guilty of offence punishable under Section 304 Part -I of the Indian Penal Code and the learned Court of Sessions below, accordingly, convicted him under Section 235(2) of the Code of Criminal Procedure and sentenced the accused/appellant to suffer rigorous imprisonment for a period of 10 years and to pay fine of Rs. 5,000/ - (Five Thousand) only, in default, simple imprisonment for one year more.