NIMOO PAL MAJUMDAR Vs. STATE

JUDGEMENT

(1.) The appellant was tried upon a charge of murder by a learned Additional Sessions Judge of 24 Parganas sitting with a jury. The jury by a unanimous verdict found the appellant not guilty under Section 302 of the Penal Code but by a majority verdict of seven to two found him guilty under Part II of Section 304 of the Penal Code. The learned Judge accepted the majority verdict of guilty under part II of Section 304 of the Penal Code, convicted the appellant of the relative offence and sentenced him to suffer rigorous imprisonment for seven years.

(2.) The prosecution case against the appellant was as follows: The appellant resided within the jurisdiction of Tollygunge Bengal Police station and was the leader of a party. The deceased Umaprosad Chakravarty was the leader of another party formed for the purpose of thwarting the appellant's party which indulged in certain misdeeds. On one or two previous occasions, there had been free fights between the two parties. On 2-9-1953, at noon, the deceased Umaprosad Chakravarty went into a small hotel at 143, Netaji Subhas Road in Tollygunge and whilst seated there on a bench, the appellant entered the place. A short-statured and fair-complexioned unknown man also entered the restaurant and stood at the back of the deceased. On the appellant uttering the words, "Welcome, Mr. K. L. Chakravarty", the short-statured unknown man caught hold of the deceased's waist from behind. The deceased turned towards the north and attempted to free himself when the appellant stabbed the deceased thrice on his chest and once on his abdomen in quick succession with a knife. The deceased fell down on the floor without being able to utter a word. The appellant and the other man then escaped. Umaprosad Chakravarty expired soon after the assault.

(3.) There were several witnesses to what happened inside the restaurant.