- (1.) The appeal is directed against the judgement and order dated 10.05.1988 convicting the appellant for commission of offence punishable under section 304 Part II of the Indian Penal and sentencing him to suffer rigorous imprisonment for four years.
(2.) Prosecution case, as alleged, against the appellant is as follows : On 11.08.1984 the family members of the appellant had gone to steal fish from the fishery of one Basir Molla. They were chased by the employee of Basir Molla and sought refuge in the house of victim Bhadi Bibi and her family members. Womenfolk of the family opposed such conduct and troubled brew over the matter. In the evening of that day one Mohiuddin Mallick and Alauddin Mallick assaulted Kasem Ali Sardar (PW 3), son of the victim. On the following day, when PW 3 went to the Haat at Dakshwin Bhevia in the afternoon he wasagain accosted by the family members of the appellant. Next day, that is, 13.08.1984 PW 3 being accompanied by his brother, PW 11, went to Hasnabad P.S. to report the matter which was diaried as General Diary Entry No. 4394 dated 13.08.1984. When the brothers were at the police station they received information that their mother Bhadi Bibi had been attacked by the accused persons and assaulted with spear on the head.
(3.) It is alleged that on the fateful date around 10-30 a.m., the victim while proceeding down a village path towards her house was accosted by the accused persons being armed with lathis and other weapons and in course of such attack the appellant snatched a spear from the hand of Mohidul Mollick and hit her on the head from the back. She suffered a bleeding injury on the head and fell down on the spot.;