RAMESH CHANDRA MALAKAR Vs. STATE

JUDGEMENT

(1.) THIS jail appeal has been filed by Ramesh Chandra Malakar against his conviction and sentence under section 304, Part II, I. P. C. for 4 years R. I. passed by the Sessions Judge, Agartala in his Court's Sessions trial No. 7 of 1952.

(2.) THE facts of the case are simple enough. It is alleged that on 21.9.1950 in the evening the complainant and his brother P. W. (?) wanted to errect a Bundh to bring down water to their fields which was to flow through the land of the accused. The accused did not allow it, though told by the complainant that it would do him no harm. Just then, the complainant started to call the Sardar of the village to come over and settle the matter. He had left his younger brother Jogendra on the spot. He had hardly gone a little distance when he heard shouts of Jogendra that he was being assaulted by the accused. The complainant returned to see that his old father who had by this time intervened, was being given blows by the accused. He himself saw the accused striking him with a bamboo stick on his old father's left hand and then while he (the father) raised his hand in self defence, on the left side of the abdomen. The father fell on the ground after going a few paces and died. The matter was reported to the police who came on the spot the same night and started investigation which culminated in the chalan of the accused under Section 304, I. P. C.

(3.) THE post -mortem examination resulted in the finding of 3 ribs (8 to 10) fractured and spleen ruptured due to striking of the fractured ribs.