SK MEHERBAN Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 29.5.2009 passed by the learned Additional Sessions Judge, FTC-II, Alipore, South 24 Parganas convicting the appellant for commission of offence punishable under Section 328 and 379 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months for the offence publishable under section 328 of the Indian Penal Code and to suffer rigorous imprisonment for six months for the offence punishable under section 379 of the Indian Penal Code, both the sentences ran concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 19.10.2006 the appellant had acquainted himself with the victim at Howrah station and had promised him to give a job in Kolkata. Thereafter, the appellant offered tea and bread to the victim Sipon Sk. and both of them came to Alipore Zoo. Upon consuming the food items and smoking a biri offered by the appellant, the victim felt sick. The duty watchman of Alipore Zoo saw the victim sleeping and brought him to the office. The appellant was also apprehended. Thereafter, the matter was reported to the Director of Alipore Zoo and the police personnel of Watgunj P.S was intimated over phone and when the he came to the place the victim narrated the incident to the police resulting in registration of criminal case under section 328, 379 of IPC against the appellant. Victim was treated at Sambhunath Pandit Hospital. In conclusion of investigation, charge sheet was filed against the appellant.

(3.) Case was committed to the court of sessions and thereafter transferred to the court of Additional Sessions Judge, FTC-II, Alipore, South 24 Parganas for trial and disposal.