Arun Kumar Bhattacharya, J. - (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the 1d. Additional Session Judge, Jalpaiguri in Sessions Case No. 57 of 1991 (Sessions Trial No. 11 of 1991) on 12.06.2003.
(2.) The prosecution case, in brief is that on 01.10.1988 at about 7.00 p.m. the defacto complainant's elder brother Bhakat Bahadur Nepal Chhetri on reaching her house with injury near his chest caused by kukri asked for a glass of water quickly saying that Harka Bahadur assaulted him with kukri, and then he fell down. When the complainant brought water he took the same slightly and thereafter died. On her cry, Naina Singh Biswakarma, Tek Bahadur Chhetri and other villagers came there. Later it transpired that while the victim Bhakt Bahadur Chhetri was returning from Deopara garden, Hakra Bahadur slashed him with a kurki. Hence, the accused was charged under section 302 IPC.
(3.) The defence case, as suggested to PWs. and as contended by the accused during his examination under section 313 Cr. PC is that the victim did not tell to P W 1 that he was assaulted by the accused. He has been falsely implicated in this case out of political rivalry in connivance with PWs. 1, 5 & 6.;