BHAGWAN SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against judgement and order dated 31.03.1987 passed by learned Additional Sessions Judge, 14th Court, Alipore, 24 Parganas in Sessions Case No. 15(1) of 1986 corresponding to Sessions Trial No. 5(4) of 1986 convicting the appellants for commission of offence punishable under Sec. 304 Part I of the Indian Penal Code read with Sec. 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs.500.00 each, in default to suffer rigorous imprisonment for three months more and with a direction that the fine, if realised, be paid to the widow of the deceased as compensation.

(2.) The prosecution case, as alleged against the appellants, is to the effect that the victim Radha Kanta Jha was a resident of 17, Panchanantala Road, Calcutta within the jurisdiction of Lake Police Station and appellants were residents of a nearby basti bearing premises no.22, Panchanantala Road. In the morning of 8.8.1983 at about 5-40 A.M. the deceased Radha Kanta Jha was going to the privy of the premises no.17, Panchanantala Road. At that time, Dilip Shaw, appellant no.2 came there and insisted on using the privy first. There was a hot altercation between the victim and Dilip Shaw over the matter. Dilip Shaw left the place following such altercation, but within five minutes he came back with his father, Bhagwan Shaw, appellant no.1. Radha Kanta Jha was then fetching water from a nearby tap. Appellant Bhagwan Shaw caught hold of Radha Kanta Jha round his chest and Dilip Shaw picked up a concrete slab and threw it towards Radha Kanta Jha, but missed narrowly. Thereafter Dilip Shaw assaulted Radha Kanta Jha with fists and blows on his chest and abdomen. As a result, Radha Kanta Jha, who was aged about 60 years, fell on the ground and became unconscious. Then the appellants fled away from the place of occurrence. Victim Radha Kanta Jha was removed to the hospital, but declared dead. First information report was registered being Lake Police Station Case No. 311 dated 8.8.83 under Sec. 302/34 of the Indian Penal Code.

(3.) In conclusion of investigation, charge sheet was filed and the case was committed to the Court of Sessions for trial and disposal. Charge was framed under Sec. 302/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried.