BHABANI BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 21/1/2013 passed by the Learned Additional Session Judge, 2nd Fast Track Court, Cooch Behar in Sessions Trial No.3(03)2008 arising out of Sessions Case No.17 of 2008, convicting the appellant for commission of alleged offence punishable under Sec. 304 (Part-II) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and also to pay fine of Rs.5,000.00 in default to suffer simple imprisonment for another 6 months more.

(2.) The prosecution case precisely traces its genesis to a discord that allegedly erupted on 20/5/2007 at about 7:00 a.m. between the appellant and the members of the family of the de facto complainant. The occurrence was not portrayed as an isolated episode but as the culmination of an atmosphere of hostility. According to the prosecution, during the altercation the appellant openly threatened the de facto complainant with grave consequences, thereby sowing the seeds of a confrontation that was soon to assume a tragic dimension. On the following morning, namely 21/5/2007 at about 7:00 a.m., Ramchandra Barman, the youngest son of the de facto complainant Dhiren Barman, was proceeding towards the field for grazing cattle. At that juncture, the appellant allegedly intercepted him and dealt a forceful blow on his head with a bamboo stick. The assault, according to the prosecution, was sudden and directed at a vital part of the body, resulting in a grievous head injury.

(3.) The cries of the injured Ramchandra Barman reportedly drew the attention of his father and a neighbouring resident, who hastened to the place of occurrence. By the time they arrived, the assailant had allegedly fled from the scene. The injured victim was thereafter removed to M.J.N. Hospital, Cooch Behar, where initial medical assistance was provided. Owing to the seriousness of the cranial injury, he was referred to the North Bengal Medical College and Hospital, Siliguri, for specialised treatment. While being transported to Siliguri, and before reaching the referral hospital, the condition of the injured deteriorated irreversibly. Near Dhupguri, he succumbed to the injury sustained in the incident. His body was thereafter taken back to M.J.N. Hospital, where he was formally declared dead by the attending medical officer.