DEBEN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 26th Nov., 1992 passed by the Additional Sessions Judge, Malda in Sessions Trial No. 5 of 1992 arising out of Sessions Case No. 1 of 1991 convicting the appellant No. 1 under section 302 of the Indian Penal Code and the appellant No. 2 under section 324 of the Indian Penal Code as also against an order, passed on the same day after giving an interval of 5 hours so as to afford an opportunity to the convicts to ponder over the matter, by which the appellant No. 1 Deben Mondal was sentenced to suffer imprisonment for life and to pay fine of Rs. 1.000.00, in default, to undergo further rigorous imprisonment for a period of three months sentencing the appellant No. 2 Dulal Mondal to suffer rigorous imprisonment for two years.

(2.) The case of the prosecution briefly stated is as follows:-

(3.) On behalf of the defence one Bibhuti Bhusan Chakraborty was examined. He at the relevant time was record supplier of the Record section of Malda District Hospital. He produced records of the hospital which were marked Exhibits A and Al which are bed-head tickets relating to Dulal and Fakir. The evidence of P.W. 12, the 1.0. is that he arrested the accused Dulal and Fakir from Bedrabad Primary Health Centre on 11th Jan. 1987 and he had then transferred to Maida District Hospital on 11th Jan., 1987. The Exhibits A and Al suggest that the accused Dulal and Fakir received injuries on their person and that they reached the hospital at 2.25 p.m. and they were discharged from the hospital on 19th Jan., 1987. No doctor nor any medical officer of the concerned hospital was however examined on behalf of the defence.