SHIBARAM MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgement and order dated 23.08.1990 passed by learned Sessions Judge, Purulia in Sessions Case No.79 of 1989 arising out of Sessions Trial No.13 of 1990 convicting the appellant for commission of offence punishable under Section 304 Part-II of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six years.

(2.) The prosecution case, as alleged against the appellant, is to the effect that on 8.7.1988 in the afternoon deceased Suji Sahis along with another lady, namely, Mejapi Sahis (P.W.2) had gone to a tube-well near the village school to fetch water. On their way back they found the appellant was causing damage to the transplanted paddy seedlings in the land of the victim by grazing his cattle thereon. An altercation ensued between the appellant and the victim and thereupon the appellant threw a stone at her from a distance, which struck her on the left side of her ear. As a result, the victim fell down on the ground and lost her senses. In the meantime, her husband (P.W.4) Khandu Sahis and others reached the place of occurrence and took her to the verandah of their house and thereafter removed her to Hura Primary Health Centre for treatment. Dr. B. P. Mondal (P.W.7) examined the victim and found severe bleeding from her left ear.

(3.) As her condition was critical, he advised the victim to be removed to Bankura Medical College and Hospital. Accordingly, the victim was transferred to Bankura Medical College and Hospital where she succumbed to her injuries on the following morning. On information from the said hospital, P.W.5 S.I. Kartick Chandra Mohuri of Bankura Police Station went to the hospital and Bankura (P.S.) U.D. Case No. 205 of 1988 dated 9.7.88 was registered for enquiry. Inquest and post mortem was held over the dead body of the victim.