BAPPA MALIK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgement and order of conviction dated 25-09- 2013 and 27-09-2013 respectively passed by the the then Additional District & Sessions Judge, Fast Track, Court No.II, Hooghly in Sessions Trial Case No. 01/11 arising out of Sessions Case No. 220/11 in which the said learned trial court was pleased to convict the present appellant in respect of the charge punishable under section 304 of the Indian Penal Code (hereinafter called as the Code) and the present appellant was sentenced to suffer R. I. for seven years and to pay fine of Rs.5000/- i.d., R.I. for one year in respect of the offence punishable under Section 304 and in respect of the charge under Section 448 of the Indian Penal Code the learned trial court was pleased to clamp a sentence of fine to the tune of Rs.500/- i.d., to suffer S.I. for a month. The case before the trial court can be summarized thus :-

(2.) That one FIR was lodged by Ram Bachan Das giving rise to Polba P.S. Case No. 13/11 dated 11-2-11 under Sections 447 and 304 of the Indian Penal Code.

(3.) They woke up and tried to apprehend the appellant. During such chase, the appellant suddenly failed down and received injuries on his nose and face and also on other portion of his body but somehow he managed to escape.