BISTUPADA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is against the judgment and order of conviction and sentence dated 22.05.2013 and 23.05.2013 passed by the learned District and Sessions Judge, Fast Track Court-II, Basirhat, North 24 Parganas, in Sessions Trial No. 09 (05) /2004 arising out of Sessions Case No. 43 (3)/2004. By the said judgment and order the Trial Court convicted the Appellant Bistupada Mondal of the offence under Section 304 Part II of the Indian Penal Code (in short, I. P. C. ) and sentenced him to suffer Rigorous Imprisonment for seven years and to pay fine of Rs. 1,000.00 (Rupees one thousand only) with a default clause. By the said judgment the Trial Court acquitted the other three accused persons in the case.

(2.) Prosecution's case may be summarised, in brief, as follows:-

(3.) On 28.10.2003 one Anil Krishna Mondal of village Dakshin Kalitala under P. S. Hingalgunj, Dist North 24 Parganas submitted a complaint and narrated therein that in the morning of 26.10.2003 when the Appellant Bistupada Mondal with his three sons were raising fencing in the boundary of their land, their adjacent neighbour Rampada Mondal appeared and resisted the act on the plea that such fencing would obstruct the drainage system in his house. A quarrel ensued between the Appellant and his sons in one side and the said Rampada Mondal on the other side and during such quarrel the Appellant suddenly hit on the back of the head of Rampada Mondal with a thick branch of a tree lying there and due to such sudden hit Rampada Mondal failed on the ground. The family members and some local villagers as well, immediately rushed to the spot and shifted Rampada at his house. A local doctor was immediately called for, who advised for immediate hospitalisation of Rampada. On such advice, Rampada was taken to the local Hospital at Sandeshkhali immediately and was admitted there. The doctor in that Hospital advised immediate shift of the patient to any Hospital at Kolkata. Accordingly, attempt was made to take Rampada to Kolkata. But on the way Rampada succumbed to his injury. The persons accompanying Rampada, therefore, brought the dead body of Rampada to their village and Police was informed. Thereafter the aforesaid complainant submitted the F. I. R. to the Police on 28.10.2003, on the basis of which Hingalgunj Police Station Case No. 51, dated 28.10.2003 under Section 304/34 I. P. C. was started against the Appellant and his sons. After investigation charge-sheet under Section 304/34 I.P.C. was submitted against the Appellant and his three sons.