ANANTA KAMILYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred by the appellant against a judgment and order of conviction dated September 27, 2012, and sentence dated September 28,2012, passed by the learned Additional District & Sessions Judge, 1st Fast Track Court, Contai, Purba Medinipur in Sessions Trial No.42/September/2006 arising out of G.R. (E) 06 of 2005 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for a further period of one month.

(2.) The facts of the case in a nutshell are as under:-

(3.) According to the above written complaint, on December 25, 2004 at 8/9 O'clock in the morning the father of PW 1 namely, Srikanta Kamilya was repairing his blacksmith workshop and cow-shed at his residence. Suddenly, the appellant along with Rampada Kamilya and Smt. Arati Kamilya arrived at that place and assaulted him on his head with a bamboo stick. PW 4 (widow of the deceased person) went to rescue her husband. Accused Arati Kamilya assaulted PW 4. The father of PW 1 became senseless. PW 1, PW 2 and PW 3 took his father to Pataspur police station where from he was removed to Pataspur Public Health Centre. The deceased person was shifted to Egra Hospital for better treatment and thereafter he was transferred to Midnapur (Paschim) Hospital. Subsequently, the deceased person was further transferred to P.G. Hospital, Kolkata. As per advice of the doctors, the deceased person was further removed to Ramchandra Bhanja Medical College, Cuttack, Orissa for treatment. He breathed his last on January 1, 2005 at Ramchandra Bhanja Medical College, Cuttack, Orrissa.