DIPAK SAHA RAY,J. - (1.) THIS appeal is directed against the Judgment and Order of conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court-II, Ulberia in connection with Sessions Trial Case No. 295 of 2007, arising out of Ulberia P.S Case No. 176 of 2003 dated 4.12.2003 under Section 304 of the Indian Penal Code.
(2.) THE prosecution case, briefly stated, is as follows: On 4.12.2003 one Malati Pandit had been to Ulberia P.S and lodged a written complaint with the Officer-in-Charge of Ulberia P.S alleging therein inter alia that on 4.12.2003 at about 12.30 hours her 'Khurtuto Ja' (wife of her husband's cousin), Kalitara Pandit engaged a professional plucker of betel-nut for plucking betel-nut from her betel-nut trees situated in front of her house. One Nirapada Pandit and brother-in-law of Kalitara Pandit suddenly arrived there and started altercation with her and thereafter he assaulted Kalitara Pandit with a brick on her head causing severe bleeding injuries on her head. As a result Kalitara Pandit fell on the ground. The de-facto complainant who was washing 'Karai' by setting on a 'ghat' of a nearby pond rushed to the spot and applied water on the head where the victim sustained injury, but the victim succumbed to her injuries within a few minutes. It was further alleged that there was long standing enmity between Kalitara Pandit and Nirapada Pandit over landed property. On the basis of the said written complaint Ulberia P.S Case No. 176 of 2003 dated 4.12.2003 under Section 304 of the Indian Penal Code was started. Police investigated the case and after completion of investigation submitted charge-sheet against the accused/present appellant for the offence punishable under Section 304 of the Indian Penal Code. On the basis of the aforesaid allegations and other relevant materials, charge Under Section 304 of the Indian Penal Code had been framed against the accused/appellant herein. He, however, pleaded not guilty to the said charge and claimed to be tried when the said charge was read over and explained to him.
(3.) AS against this, the defence case as it appears from the trend of cross- examination and the statements made during examination of the accused person under section 313 of the Code of Criminal Procedure, was the denial of the prosecution allegations and the plea of innocence.;