RAM BHADRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant appears to have served out the sentence in the meantime. Lower court records have been received. Under such circumstances, the appeal is taken up for hearing.

(2.) The appeal is directed against the judgement and order dated 16th/17th September, 2009 passed by the learned Additional District & Sessions Judge, Fast Track Court-3, Barasat, North 24-Parganas in Sessions Case No. 1 (2) 2007 [Sessions Trial No. 2 (5) 2007] convicting the appellant for commission of offence punishable under Sections 325/304 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Section 325 IPC and to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 304 IPC; both the sentences to run concurrently.

(3.) The prosecution case against the appellant is to the effect that on 27th September, 2006 at 8:30 hours there was an altercation between the appellant and his mother, Laxmi Bhadra as he had demanded money from her. Laxmi refused to pay and the appellant started beating her. Shyamal Bhadra, brother of the appellant intervened and tried to resist him from bearing their mother. Appellant picked up a wooden rod and struck Shyamal on the head. As a result Shyamal suffered bleeding injuries and fell down. He was shifted to the hospital. The appellant was detained and accosted at the spot. In the meantime the victim expired. Over the incident, Habra Police Station Case No. 237 dated 27th September, 2006 under Sections 325/326/308 of the Indian Penal Code was registered against the appellant. Subsequently, charge-sheet was filed under Sections 325/308/304 of the Indian Penal Code. The case was committed to the Court of Sessions for trial and disposal. Charges were framed under Sections 325/304 IPC against the appellant. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 10 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 16th/17th September, 2009 convicted and sentenced the appellant, as aforesaid.