JARIFA KHATOON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for bail of the appellant on the ground that the appellant has been erroneously convicted by the learned Additional District and Sessions Judge, Fast Track Court no.2 at Islampur in sessions case no. 59 of 2014 corresponding to sessions trial no. 22 of 2014 under Section 304/34 of the Indian Penal Code. Learned senior Advocate Mr. Sanyal appearing on behalf of the convict contended that there is absolutely no evidence of doctor to show that in fact the present appellant inflicted any sort of injury on the person of the deceased neverthless the appellant has been convicted by the learned trial Court.

(2.) Mr. Siladitya Sanyal further contended that the dispute cropped up between the parties over the issue of damage of the thatched roof of the deceased and that is why the husband of the appellant inflicted injury on the person of the deceased and accordingly the deceased succumbed to such injury. It is further submitted that the allegations to the effect that the present appellant pressed the testice of the deceased have not been corroborated by the evidence of the doctor and learned trial Court therefore erroneously convicted the appellant. There is every chance of success in the appeal and accordingly the appellant may be released on bail.

(3.) Learned Advocate himself Anusua Sinha appearing on behalf of the State contended that that allegations against the present appellant have been duly corroborated by the witnesses examined on behalf of the prosecution and therefore there is absolutely no chance of success in the appeal.