SARALA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction dated 23rd April, 2009 and 24th April, 2009 passed by the Additional Sessions Judge, 3rd F.T.C., Malda in Sessions Trial No. 1 (11) of 2008 arising out of Sessions Case No. 212 of 2008. The appellant was convicted under Section 304 of the Indian Penal Code.

(2.) The prosecution case in brief is that one Paran Sarkar (PW 8) lodged a complaint with the Gazole Police Station in Malda District on the 25th of April, 2004 complaining that on Tuesday, 20th April, 2004 a kid (baby sheep) (Sic Goat) entered into the house area of his mother Baby Sarkar (deceased) as a consequence whereof there was a scuffle between the appellant and the deceased.

(3.) The incident occurred about 3.30 pm on 21st April, 2004 when the appellant is stated to have assaulted the deceased by fists, blows and slaps. The said scuffle is stated to have continued outside the house of the deceased and in front of the house of Sunil Halder where the appellant is stated to have badly beaten the deceased on her belly, chest, thigh and private parts. At the time of the incident Gita Sarkar (PW 10), Kamala Saha (PW 7) and Taramoni Halder (PW 3), the residents of the locality were stated to be present.