GOLAM MORTAJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 21.04.2014 and 22.04.2014 passed by the learned Additional Sessions Judge, 5th Court, Murshidabad at Berhampore in Sessions Trial No. 23 of 2013 [Sessions Case Sl. No. 23 of 2013] convicting the appellant for commission of offence punishable under Section 304 Part-I of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten (10) years and to pay fine of Rs. 5,000/- each, in default, to suffer simple imprisonment for six months more.

(2.) The prosecution case as alleged against the appellant is to the effect that on 4.7.2012 around 9.30 A.M., the appellant suddenly struck his grandmother Sobra Bewa on the neck with a hensua and ran away from the spot with the weapon. Over the issue, Khurshia Bibi, sister-in-law of the victim (P.W. 1) lodged First Information Report being Berhampore Police Station Case No.799 of 2012 dated 4.7.2012 under Section 302 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 5th Court, Murshidabad for trial and disposal. Charge was framed under the aforesaid provision of law. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 7 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. He also pleaded insanity in terms of Section 84 of the Indian Penal Code. In support of his contention, the appellant examined Dr. Ali Hasan as D.W. 1. In conclusion of trial, the trial Judge by the impugned judgment and order dated 21.04.2014 and 204.2014 convicted and sentenced the appellant, as aforesaid. Hence, the present appeal.

(3.) Mr. Kabir with Mr. Saha, learned advocates appearing for the appellant argued that the appellant suffered from mental ailments. He was under treatment of Dr. Ali Hasan, D.W.1. Trial judge failed to consider such fact and convicted the appellant. He also placed on record medical documents relating to the treatment of the appellant at the correctional home issued by the Medical Officer, Berhampore Central Correctional Home which shows that the appellant was suffering from paranoid schizophrenia with mood disorder symptom and was under anti-psychotic medicine as per opinion of Psychiatrist while he was in custody. Let the documents be kept as a part of the records.