SMT. DURA DEI AND NIRANJAN MALLICK Vs. STATE

JUDGEMENT

(1.) THE two appellants along with two other accused persons faced trial Under Section 302/34 of the Indian Penal Code for having, caused the death of Paramananda Mallick. Appellant Dura Dei is the wife of appellant Niranjam Mallick and the other two acquitted accused persons are respectively the father and brother of appellant Niranjan. The trial Court while acquitting all the accused persons of the charge Under Section 302/34 of the Indian Penal Code convicted appellant No. 1 Under Section 323, IPC and released her Under Section 3(1)(3) of the Probation of Offenders Act. Appellant No. 2 was convicted Under Section 304, Part -I, IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ -, in default to undergo rigorous imprisonment for six months. Hence the present appeal.

(2.) THE prosecution case is as follows :

(3.) P .Ws. 1 to 4 are the eye -witnesses, PW. 5, is a post -occurrence witness, P.W. 6 is the doctor who held the post -mortem examination whereas PW. 11 is a doctor who had treated the deceased, P.W, 7 is a witness to the inquest, P.W. 8, look the dead body and P.W.s 9 and 10 are the two Investigating Officers.