STATE OF WEST BENGAL Vs. SWAPAN KUMAR SENAPATI

JUDGEMENT

(1.) THIS appeal preferred by the State is directed against a judgment and order dated 10th august, 1998, passed by Sri Nomit mutsuddi, learned Additional Sessions judge, Durgapur, in Sessions Trial No. 16 of 1997 arising out of Sessions Case No. 43 of 1994, acquitting the accused Swapan kumar Senapati of the charges under sections 341/325/304 of the Indian Penal code.

(2.) THE facts and circumstances of this case briefly stated are as follows : qn 22nd July, 1992, at about 11 hours in the morning Satkari Senapati, aged about seventy-six years, was severely assaulted by the accused Swapan Kumar Senapati. The victim was taken to the police station. From there he was sent to a private practitioner, dr. Tapas Paul, for treatment. On 24th July, 1992 the victim was hospitalised. On 25th july, 1992, a written complaint was lodged. The victim died in the hospital on 27th July, 1992.

(3.) THE undisputed facts of the case are that the victim, Satkari Senapati and panchkari Senapati father of the accused, are full brothers. They have an ancestral house, the southern side of which is occupied by the members of the family of the victim Satkari Senapati and the northern side of which is occupied by Panchkari senapati and the members of his family. Sambhu Nath Senapati was a cousin of satkari Senapati and Panchkari Senapati. He had a three storeyed building. After the demise of Sambhu, his widow Bhawani sold the three storeyed building by a registered deed to the sons of the victim, Satkari senapati. A portion of that building since prior to the sale was in possession of the members of the family of Panchakari senapati. For eviction of Panchkari Senapati and the members of his family from that portion of the three storeyed building, a suit for injunction was filed by the sons of Satkari senapati. A criminal proceeding under section 107 of the Code of Criminal Procedure was also started which, as a matter of fact, was pending. On 22nd July, 1992, panchkari Senapati, his wife and daughter, sabitri, were alleged to have broken into the house of the complainant party and assaulted the female members of the family. Smt. Kamala Senapati, wife of the victim, was allegedly going to the police station to inform about the invasion conducted by panchkari Senapati and the members of his family. On the way she came across her husband Satkari Senapati. She informed him about the incident and asked him to proceed to the dwelling house hurriedly. Satkari Senapati started moving towards his house. After Smt. Kamala Senapati had proceeded a little, she heard a hue and cry. She looked back and found her husband, Satkari senapati, being assaulted by the accused, swapan Kumar Senapati.