SUNNY RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Appeal is directed against judgment and order dated 19th April, 2010 passed by the Learned Additional District & Sessions Judge, Fast Track Court, Kurseong in connection with Sessions Case No. 3 of 2008 (G. R. Case No. 64 (1) of 2007) convicting the appellant for commission of offence punishable under sections 448 and 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 30th July, 2007 at around 7:00 P.M. while the defacto complainant Smt. Balika Rai along with her husband Shyamlal Rai were sitting inside their house on the ground floor, the accused Sunny Rai of the same locality being armed with sharp cutting Khukri came in front of the house of Shyamlal Rai in order to kill him and then the de-facto complainant namely Balika Rai rushed to the house of her neighbourer for help, leaving her husband there and in the meantime accused Sunny Rai entered into the house of Shyamlal Rai and attacked him by means of Khukri causing grievous hurt on his person. As a result of such physical assault by khukri, the left hand above wrist and right little finger of Shyamlal Rai was chopped off but Shyamlal Rai managed to escape and took shelter at the house of his elder brother, from where he was taken to Mirik B.P.H.C. first and from there he was taken to the North Bengal Medical College & Hospital (in short N.B.M.C. & H) where he expired on 31st July, 2007 in the evening. Alleging such facts or over the incident, a written complaint was lodged at Mirik police station and on the basis of that F.I.R., a case being Mirik P.S. Case No. 14/2007 dated 30th July, 2007, a case under sections 448, 326 & 307 of the Indian Penal Code was started and on the death of Shyamlal Rai on 31st July, 2007 at N.B.M.C. & H., section 302 I.P.C. was added to the F.I.R.

(3.) Investigation of the case was taken up by the police forthwith and on completion of the investigation, the police of Mirik police station submitted charge-sheet under sections 448 and 302 of the Indian Penal Code against the F.I.R. named accused person namely Sunny Rai.