SHYAMAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject of challenge in the present appeal at the instance of the accused/appellant is the judgement and order of conviction and sentence dated 19th March, 2009 and 21st March, 2009 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Case No. 7(1) of 2008 arising out of Sessions Case No. 374 of 2007 whereby the accused/appellant has been convicted for the offence punishable under Section 304 Part-I of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1000/- in default of which to suffer rigorous imprisonment for one month for the offence under section 304 Part I of the IPC. The appellant was also sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/- in default of which to suffer rigorous imprisonment for one month for the offence under section 323 of the IPC.

(2.) Prosecution version, bereft of unnecessary details is that on 31st August, 2002 at 00.15 hours the complainant Padia Mandal, mother of the deceased victim Rajen Mandal of village Harishpur within Police Station English Bazar in District Malda lodged a written complaint at English Bazar Police Station alleging that on 30th August, 2002 at about 6 p.m. her elder son Khagendranath Mandal and his son Shyamal Mandal had a quarrel with her fourth son Rajen Mandal regarding family matters pursuant to which Khagendranath Mandal and Shyamal Mandal inflicted blows with lathi and iron rod on the person of Rajen Mandal. When the complainant tried to save the victim, accused Shyamal Mandal assaulted her with iron rod on her left hand. It is the further case of prosecution that the victim Rajen Mandal was severely injured due to the assault and succumbed to the injuries before he could be moved to the hospital.

(3.) On the basis of the aforesaid written complaint (Exhibit-3) of Padia Mandal, Sub-Inspector of Police Anil Kumar Roy (PW 7) registered English Bazar Police Station Case No. 304 of 2002 dated 31.08.2002 under Sections 304/323/34 of the IPC against accused Khagendranath Mandal and Shyamal Mandal. Investigation into the case by Sub-Inspector Subir Karmakar (PW 17) culminated in the submission of the charge-sheet under sections 304/323/34 of the IPC against both the accused persons namely, Khagendranath Mandal and Shyamal Mandal.