LAWS(CAL)-2008-11-42

NARAYAN DAS Vs. STATE OF WEST BENGAL

Decided On November 26, 2008
NARAYAN DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 14th March, 1987 passed by the learned Additional Sessions Judge, Nadia in Sessions Trial No. VII of April, 1986 arising out of Sessions Case No. 5 of January, 1985 convicting the appellant Narayan Das for the offence punishable under section 307 of the Indian Penal Code and sentencing him to suffer simple imprisonment for a period of ten years as also to pay fine of Rs. 1000/ -, in default of payment of fine, to suffer further simple imprisonment for a term of one year. The other four accused persons namely Shyamal Kumar Dey, Tapash Sarkar, Pran Gopal Ghosh and Nitya Gopal Pramanik were also tried in this case for the offence punishable under section 307 read with section 34 of IPC but the learned Trial Court finding no tangible evidence against them to his satisfaction acquitted them of the charge for the offence punishable under section 307 read with section 34 of IPC.

(2.) THE facts and circumstances of the case briefly stated are as follows:

(3.) IT is true that none of the witnesses except for the victim saw the accused pealing the injury with a knife and for that adequate reasons have come in the evidence.