- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court holding the appellant guilty of offence punishable under Section 304 Part I of the Indian Penal Code, 1860 (in short the IPC ). He was sentenced to undergo imprisonment for life by learned Additional Sessions Judge, Fast Track Court, Alipurduar. Sentence was confirmed in the appeal.
(3.) Background facts in a nutshell are as under: On 14.6.2002 at about 4.30 p.m. Santosh Dorjee along with his cousin brother Sankar Dorjee went to an eatery situated in front of Bhawani Video Hall of Birpara for taking food. They placed order and were waiting there. All of a sudden one Bikram Dorjee came there and assaulted Santosh Dorjee by a knife in his belly. Seeing the same assault Sankar panicked and rushed away from the place of occurrence thinking that Bikram Dorjee might assault him. He informed the matter to the parents of Santosh who was by then taken to Birpara hospital. Sankar accompanied father of Santosh from Birpara to Jalpaiguri Hospital. Santosh was later on transferred to Silliguri medical college where he died the next day. Prosecution case the Birpara P.S. case no. 44/2002 dated 15.6.2002 was started against the accused Bikram Dorjee under Section 304 IPC. After investigation charge sheet was filed. Since the accused pleaded innocence trial was held. The trial Court found the appellant guilty and convicted him in terms of Section 304 Part I IPC. The appeal filed by the appellant was dismissed by the High Court.;