NIKHIL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence recorded by learned Additional Sessions Judge, second Court, Berhampur, Murshidabad in Sessions Trial No. 489 of 2001 sentencing thereby the appellant to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer further rigorous imprisonment for six months.

(2.) THE case of the prosecution, in short, is that on January 21st, 1999 at about 3. 30 p. m. the accused persons attacked Ashutosh Ghosh, the husband of the defacto-complainant, Ashish Ghosh and Biswanath ghosh. The accused Nikhil Ghosh dealt blow with batali on Ashutosh in the waist. As a result he fell down on the ground with bleeding injury. Ashish Ghosh came to his rescue and the accused Nikhil Ghosh assaulted him with batali in the abdomen. Accused Nemai Ghosh assaulted Ashish ghosh with Bhojali. When Biswanath Ghosh came to rescue, accused nikhil Ghosh dealt blow with batali in the abdomen of Biswanath. As a result, Biswanath succumbed to the injuries immediately.

(3.) UPON receiving the written complaint, the Jalangi P. S. Case no. 16/99 dated 22. 01. 99 was registered under Sections 302/326/120b/ 34 Indian Penal Code. Upon completion of investigation,charge-sheet was submitted.