RAMPADA PANDIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and orders of conviction and sentence dated 28.06.2010 and 29.06.2010 passed by learned Additional District and Sessions Judge, 2nd Fast Track Court at Chandannagar, Hooghly, in Sessions Trial No. 22/09 (Sessions Case No. 45/09). By the said judgment and orders the Trial Court found the appellant Rampada Pandit guilty of the offence punishable under Section 304- Part- II I.P.C. and sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2,000.00 (rupees two thousand only) in default, to suffer simple imprisonment for six months more.

(2.) The facts leading to the appeal in short, are as follows:-

(3.) On 23.10.2007 one Smt. Sikha Pandit submitted a written complaint at Singur P. S. and thereby alleged that in the evening of 19.10.2007 there was an altercation in between her husband Late Gurupada Pandit and her husband's brother Rampada Pandit in connection with possession over a T.V.- table in the house and during such quarrel the appellant suddenly assaulted on the head of her husband with a bamboo on the provocation of appellant's wife, due to which her husband sustained severe injury. It is further alleged in the said complaint that immediately after the incident the victim Gurupada was taken at first to the Singur Hospital from where the victim was referred to Medical College but as the said Hospital refused to admit the victim he was taken to Howrah Jain Hospital where the victim ultimately succumbed to his injury. On the basis of the aforesaid complaint Singur P.S. case No. 206, dated 23.10.2007 was started against the appellant Rampada Pandit and after completion of investigation charge sheet under Section 304/34 I.P.C. was submitted against the appellant Rampada Pandit and his wife Smt Rama Pandit.