A.K.Bhattacharya, J. - (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, First Court, Hooghly in Sessions Trial Case No. 2(7) of 1999 on 19.01.2000.
(2.) Shortly put, the prosecution case is that on 26.06.1998 at about 10.00 p.m. on receipt of an information from one Narayan Thakur (P.W. 12) regarding lying of defacto complainant's brother Lakshman Mahapatra with bleeding injury in front of water-tap of Akhra, the defacto complainant (P.W. 1) had been there, found the said brother injured in the abdomen caused by knife and on his query Lakshman informed that on the same date at about 9.30 p.m. when accused Manik Shaw asked for khaini, he could not offer, for which the accused abused him followed by stabbing him on his abdomen after drawing out a knife from waist resulting in his fall on the ground and on his raising an alarm while the neighbourers rushed there, he fled away. The complainant removed the victim with the help of neighbourers to Chinsurah Sadar Hospital where he succumbed to injuries on 27.06.1998 at about 6.00 a.m. As he was busy in connection with treatment of his brother, there was some delay in lodging the FIR Hence, the accused was charged under section 302 IPC.
(3.) The defence case, as suggested to P.Ws., and as contended by the accused during his examination under section 313 Cr.PC, is that the victim had no capacity to talk and as such he gave no dying declaration. No such incident took place.;