BISWANATH KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dated 17.12.1985 passed by learned Sessions Judge, Bankura in Sessions Trial No. II of August, 1985 (Sessions Case No. 2 of July, 1985) convicting the appellant for commission of offence punishable under Sec. 304 Part II of the Indian Penal Code and sentencing him to suffer rigorous improvement for seven years.

(2.) The prosecution case, as alleged against the appellant, is that the victim, Madan Karmakar had agricultural land in mouza - Nahala within P.S. Patrasayer. On 1.11.1983 the deceased Madan Karmakar went to his field at about 8 A.M. for irrigating the land from the canal. At that time, the appellant also went there to irrigate his land. Over the dispute of preferential use of canal water for irrigation, an altercation between them was ensued. In course of the altercation the appellant hit the victim with a spade. The victim fell down and hearing his hue and cry Nirmal Kumar Aich (P.W. 3), Jainal Sk. (P.W. 4) and others rushed to the land and saw that the appellant run away with a spade from the place of occurrence. The victim narrated to P.W. 3 and P.W. 4 that he was struck on his head with a spade by the appellant. Soon thereafter, P.W. 1, the wife of the victim and the defacto -complainant arrived at the spot followed by P.W. 2, the brother of the victim. The victim narrated the incident of assault to the said witnesses also. Thereafter, the victim was taken to the Patrasayer Primary Health Centre where he was treated by P.W. 16. As his condition worsened, he was transferred to Bankura Sammilani Medical College and Hospital where he was treated by P.W. 12 and finally, breathed his last on 11.11.83.

(3.) On the selfsame day, P.W. 1 lodged first information report under Sec. 325 of the Indian Penal Code at Patrasayar P.S. Upon the death of the victim Sec. 304 Part I of the Indian Penal Code was added. In the course of investigation, the offending weapon, namely, spade was recovered from the house of the appellant and upon collection of post mortem report, charge sheet was filed against the appellant.