RAGHUNATH BHATTACHARYA,J. - (1.) BEING aggrieved by and dissatisfied with the judgement and order of conviction dated 06.08.2003 passed by Sri I. Chatterjee, learned Additional Sessions Judge, Fast Track Court, Diamond Harbour in S.C. Case No. 63(12) of 2001 and thereby convicting the appellant under Section 304 I.P.C. and under Section 324 I.P.C. and sentenced him to suffer R.I. for seven (7) years and to pay fine of Rs. 20,000.00 (Rupees twenty thousand) in default to suffer S.I. for further twenty one (21) months for the offence under Section 304 Part – I of the Indian Penal Code and one year R.I. for the offence under Section 324 I.P.C.
(2.) SHORTLY put, the petitioner case is that the victim Biswanath Das was the brother of the accused and the other victim is the wife of Biswanath. There was quarrel before three days of incident between Biswanth, Pradip and the son of Biswanath 's Sister Nemai. The matter did not end there. Accused procured a karari and he was waiting outside the room of Sabita when her husband was out of the house. Biswanath returned in the night on 11.03.1994 and summoned his wife. Sabita, wife of Biswanath went to open the main door after crossing the courtyard. Taking advantage of that accused attacked Sabita by a katari. She got injury on below the left side of her chest and she was about to fell down on the ground. Her husband came forward to rescue and the accused attacked Biswanath by the said katari and fell down on the ground and received severe injury. . There was a hue and cry as a result villagers came to the house of Biswanath but they did not dare to enter the house seeing the mood of the accused. Subsequently the accused was managed to over power by the villagers. Victims were taken to primary H.C. and accused was handed over to the local police station. From P.H.C. victims were sent to the Diamond Harbour SD Hospital when Biswanath was declared dead and Sabita was admitted there and she was released after some days. First Information Report was lodged and case was started being Diamond Harbour P.S. Case No. 51 dated 12.03.1994. Police took up investigation of this case and after completion of investigation submitted charge sheet against the accused person for the offence under Section 302 I.P.C. Hence the prosecution case.
(3.) THE defence case as it appears from the trend of the crossexamination of the prosecution witnesses and the answer given by the accused person to his examination under Section 313 Cr.P.C. is that of absolute innocence. Moreover, it was the specific plea of the accused that he was falsely implicated in this case.;