(1.) The appeal is directed against the judgment and order of conviction and sentence dated 27.06.1997 passed by the learned Additional Sessions Judge, Tamluk, Midnapore in Sessions Trial No. 4(11) of 1995 convicting the appellant for commission of offence punishable under Sec. 304(II) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years.
(2.) The prosecution case, as alleged, against the appellant is to the effect that the wife of the appellant Rebati Adak was brought to Durgachak Hospital in the night of 1/11.85 at 3-10 AM by one Satya Brata Bera and others with a history of consumption of oleander seeds for committing suicide and the patient subsequently expired in the said hospital.
(3.) The medical personnel of the hospital informed officer-in-charge Durgachak Police Station in writing on 02.11.1985 about the death of the deceased. On receipt of written intimation, one U.D. Case being No. 18 dated 02.11.1985 was initiated by the officer-in-charge Durgachak Police Satation and was endorsed to one A.S.I. Pradip Roy (P.W.17) for investigation. A.S.I. Pradip Roy conducted inquest over the dead body of the deceased. The dead body was then sent to Tamluk S.D. hospital for post mortem examination and on 004.1986 P.W.17 collected post mortem report of the deceased and the post mortem report along with records of U.D. case was sent to I/C Haldia Police Station for registration of a regular criminal case. Accordingly, I/C Haldia Police Station P.W. 18 started Haldia P.S. Case No. 1 dated 02.05.1986 under Sec. 302 of Indian Penal Code against the appellant.