B.C.CHAKRABARTI, J. - (1.) THIS is an appeal from an order of conviction and sentence of imprisonment for life passed by the learned Sessions Judge, Howrah in Sessions Trial No, 18 of July, 1978.
(2.) THE prosecution case as made out in the F.I.R. (Ext. 1) is as follows: The accused and the deceased, Nemai Mondal were two brothers who lived in the same homestead with a common courtyard. Both of them worked in the same Jute Mills. The accused is addicted to drinks and unruly in character. About six months before the incident, the accused had severely beaten Nemai as a result of which Nemai had to undergo treatment at the Hospital for a considerable time. About one and half month before the incident, Nemai came back home on being released from the Hospital. On the relevant day that is 31 -1 -1977, the informant who happens to be the wife of the deceased, went to Bauria market for selling vegetables, leaving her husband and the daughters at home. At about mid -day, Sabitri, mother -in -law of the informant and her nephew Haradhan informed her that the accused returned from the mills at about 9 a.m. and picked up quarrel with Nemai and in course of the quarrel the accused hit Nemai severely with a bamboo stick causing thereby multiple injuries on different parts of his body including the head and chest. On getting this information, the informant rushed back home and found her husband lying unconscious in the courtyard. On reaching home she removed, the victim to the room. In the afternoon she tried to contact the local doctors but none was available and her attempt to remove the victim to the hospital also failed. He died on the early hours of the morning of 1 -2 -77. Thereafter she came to the Uluberia P.S. and lodged the information. The P.S. is about 8 k.m. from the village of occurrence and the incident was reported at about 8.45 a.m. The Officer -in -Charge of the P. S., P. W. 10 thereupon took up investigation of the case, visited the place of occurrence held inquest on the dead, body, examined witnesses and arranged for the post -mortem examination of the deceased. The accused was not available until 14 -2 -77 when on the basis of some information the accused was apprehended, After completion of investigation charge -sheet was submitted against the accused under Section 302 of the I. P. Code.
(3.) THE accused pleaded not guilty. It was suggested during trial that the victim might have received the injuries under different circumstances.;