LAWS(CAL)-2018-7-147

SANKAR SOREN Vs. STATE OF WEST BENGAL

Decided On July 31, 2018
SANKAR SOREN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 12th February and 13th February 2013 passed by the learned Additional Sessions Judge, 3rd Court, Paschim Midnapur in Sessions Case No. VII/August/2012 (G.R. Case No. 3339 of 2011) convicting the appellant for commission of offence punishable under Sections 304 Part I of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay a fine of Rs. 2,000/-, in default to suffer R.I. for six months more.

(2.) Prosecution case as alleged against the appellant is to the effect that on 10.12011 at about 5 p.m. the appellant, Sankar Soren, son of the victim in the course of an altercation over domestic affairs had stabbed his father below the left ear. As a result, he suffered severe injuries and fell down on the ground and died. Over such issue written complaint was lodged by Rabin Soren, P.W. 3 herein, resulting in registration of Sabang P.S. Case No.149/2011 dated 10.12011 under Section 302 of the IPC. In conclusion of investigation, charge sheet was filed under the aforesaid section against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 3rd court, Paschim Midnapore for trial and disposal. Charge was framed under Section 302 of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.

(3.) In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents to prove its case.