LAKSHMI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 25. 5. 1989 passed by the learned Sessions Judge, murshidabad in Sessions Trial No. 3 of January 1989 arising out of Sessions serial No. 81 of 1988 by which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code. The appellant was heard on the question of sentence on 25. 5. 1989 and thereafter by an order passed on the same day that is on 25. 5. 1989 he was sentenced to suffer rigorous imprisonment for life.

(2.) BEING aggrieved by the order of conviction and sentence passed by the learned trial Court, the appellant has preferred the present appeal.

(3.) THE prosecution case as projected during trial in a nutshell is that on 9. 1. 1988 at about 5. 30 p. m. while Biren Mondal, the deceased was carrying water from a canal (Nayanjali) in front of his house with the help of a Bank (Behak), Lakshmi Mondal (the appellant herein), the full brother of the deceased who was standing near a electric post beside the road in front of the house of Haripada Sarkar hurled a bomb possessed by him. The deceased had sustained injuries due to explosion of the said bomb on his left buttock and the appellant fled away. The deceased was immediately shifted to Jangipur Sub-Divisional Hospital for his treatment.