BIMAL BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted for commission of offences punishable under section 304 (I)/324 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.3,000/- in default to suffer rigorous imprisonment for three months for the offence punishable under section 304(I) of Indian Penal Code and to suffer rigorous imprisonment for three years for the offence punishable under section 324 of Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 04.06.2006 at about 6 PM the appellant had attacked the victim Bimal Bargaon, Sombar Mochari, Jogendra Mochari, Haridashi Mallick, Gindi Bewa and injured them. Bimal Bargaon died on the way to Alipurduar hospital and the other injured persons were treated at Kamakshaguri hospital. Over the incident Yubaraj Bargaon the brother of victim Bimal Bargaon lodged a criminal case being Kumargram P.S. Case No. 23/06 dated 04.06.06 under section 304 of Indian Penal Code and in course of trial prosecution examined 23 witnesses including the injured persons. In conclusion of trial the trial judge by judgement and order dated 17.08.07 & 18.08.07 convicted and sentenced the appellant, as aforesaid.

(3.) Nobody appears on behalf of the appellant. Mr. Deep Chaim Kabir, learned counsel is requested to appear as amicus curiae. Mr. Kabir, argued that the evidence of the witnesses show that the appellant suffered from mental imbalance and he ought to be acquitted of the charges on such score alone. He drew my attention to the cross-examination of witnesses who stated that the appellant used to move naked on the road and behaved in an irresponsible manner.