LAWS(CAL)-2017-12-155

JULMUDDIN SK Vs. STATE OF WEST BENGAL

Decided On December 16, 2017
Julmuddin Sk Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 20th/21st August, 2010 passed by the learned Additional Sessions Judge, Birbhum at Rampurhat in Sessions Trial No.17 of July, 2002 (Sessions Case No.101 of 1999) convicting the appellants for commission of offence punishable under Section 326/304 Part I/34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- in default to undergo rigorous imprisonment for three months for the offence punishable under Section 304 Part I/34 of the Indian Penal Code. No separate sentence was awarded for the offence punishable under Section 326 of the Indian Penal Code.

(2.) Prosecution case, as alleged, against the appellant is that the cow of the defacto complainant Abdul Khalil entered the courtyard of the appellant and consumed boiled paddy kept therein. Over such issue, there was an altercation whereupon the appellant struck a tangi blow on the head of Jamiruddin and he fell down. It is alleged that the appellant was assisted by one Hanif Sk., Manik Sk and a minor Hazarath Sk. The victim was shifted to Nalhati Hospital and thereafter to Rampurhat S. D. Hospital where he died. Charges were framed against the appellant and other co-accused persons namely, Hanif Sk. and Manik Sk under Section 326/304(1)/34 of the Indian Penal Code. In the course of trial, prosecution examined 14 witnesses to prove its case. Various documents were also exhibited. In conclusion of trial, the trial court by its judgement and order dated 20th/21st August, 2010 convicted and sentenced the appellant, as aforesaid. However, co-accused persons were acquitted from the charges levelled against them.

(3.) Mr. Ali, learned Advocate appears for the appellant submitted that the incident occurred in the course of a heated discussion over the consumption of boiled paddy by the cow belonging to the victim and hence it cannot be said that the act of the appellant fell within the ambit of offence punishable under Section 304 Part I of the Indian Penal Code.