KHAGENDRA KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated April 16, 1994 passed by the Learned Judge, 12th Bench, City Sessions Court, Calcutta convicting the appellants for commission of offence punishable under Sec. 304 (Part II) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 3 years each and to pay a fine of Rs.20,000.00 each in default to suffer simple imprisonment for one year more with further direction that the amount of fine, if deposited, will be paid in equal proportion to P.W 1, P.W 3 and P.W 4.

(2.) Prosecution case, as alleged, against the appellants is to the effect that the appellants and the victim Chanchal Kumar Das were four brothers lived jointly in a four-storied ancestral building at 14, Antoney Bagan Lane, Calcutta - 9. Appellant no. 2 is the eldest of all the brothers and looked after the affairs of the joint family and the joint family business with the help of others. He occupied the second floor. The other three brothers and their widowed mother lived on the first floor of the building. There were occasional quarrels between the victim Chancal who was the youngest brother and the appellants over the joint family property and the victim was also assaulted by them.

(3.) On 29.11.1991 around 12 noon the victim was sleeping in his room when appellant no. 2 came and asked Shefali, (P.W 1), wife of the victim to wake him up and at that time appellant no. 1 and 3 also came to the spot and the appellants took the victim to the second floor. Screams and sounds were heard by PW 1 and thereafter the victim ran down to his room in the first floor. The appellants followed the victim and started assaulting him and brought him to the verandah of the first floor. Then they jointly and forcibly threw the victim on the road from the verandah of the first floor. P.W 1 started shouting. The appellants went down, dragged the victim inside the house and closed the door. The local people were not allowed to enter the house on the plea that it was a family matter. The injured victim was taken to the hospital where he succumbed to his injuries. P.W 1 lodged written complaint with Amherst Street P.S. In conclusion of investigation, charge sheet was filed against the appellants under section 302/34 Penal Code. The case was being a sessions triable one, was committed to the Court of Sessions and charge was framed against the appellants under section 302/34 Penal Code who pleaded not guilty to the charge and claimed to be tried.