SAJJAD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgment and order of conviction passed under Section 304 Part II of the Indian Penal Code by the Ld. Additional Sessions Circuit Court, Islampur on 13th September, 1985 thereby sentencing the appellant to three years rigorous imprisonment in Sessions Trial No. 7 of 1985 is under challenge.

(2.) The appellant is an agriculturist by profession. The Charge against the appellant is that on the 13th of September, 1981 at about 6- 6:30 pm in the place Dakshin Mohanpur within P.S. Karandighi, West Dinajpur District the appellant committed culpable homicide not amounting to murder by causing the death of one Nuhu Sk. of Dakshin Mohanpur by beating him with a yoke (langal). The appellant thereby committed an offence under Section 304 IPC read with Section 34 IPC. The appellant who, along with his wife were the accused pleaded innocence and claimed to be tried.

(3.) According to the complaint lodged on the next date of the offence, i.e. 14th September, 1981 by the father of the deceased, Lokman Ali of village Dakshin Mohanpur at about 10'O clock in the morning on the previous date i.e. 13th of September, 1981 his son, Nuhu Sk. was ploughing the field on the southern side of their house. During such time a goat belonging to the appellant entered the field and ate a creeper of sweet potatoes. On seeing this Nuhu Sk. held the goat and tied the animal in his house.