BHANU HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated September, 30, 1988 passed by the learned Additional Sessions Judge, First Court, Alipore in S.T. Case No. 1(6) of 1988 convicting the appellant for commission of offence punishable under Section 304 Part-I 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 on February 25, 1987, the victim Kanu Chandra had come to the watch repairing shop of Lalit Chandra Mondal and had demanded his father-in-law's watch back. The said watch was not returned and a quarrel ensued. At that time Bhanu Halder, the appellant, was sitting in the shop of Lalit interfered on behalf of Lalit. Kanu Chandra took one wooden bar from a nearby grocery shop and asked the appellant not to interfere. Thereafter the appellant and Lalit dispossessed Kanu of the wooden bar and chased him. Kanu fled down a narrow lane towards the railway line. As he reached near the railway line, the appellant Bhanu hit Kanu on his head with the wooden bar and he fell down on the railway line. It is also alleged that co-accused Lalit pounced upon him, throttled and bit him at various places. Thereafter, the miscreants fled away. The victim was taken by the local people to Rama Krishna Seva Pratisthan where he was declared dead.

(3.) On the written complaint of Saraswati Das, P.W. 1, the sister-in-law of the victim, Lake Police Station Case No. 58 dated February 25, 1987 was registered. On conclusion of investigation, chargesheet was submitted against the accused persons and the case was committed to the Court of Sessions and transferred to the Additional Sessions Judge, First Court, Alipore for trial and disposal. Charge was framed under section 302/34 of the Indian Penal Code and the accused persons pleaded not guilty and claimed to be tried.