- (1.) This appeal assails the judgment and order of conviction dated January 16, 2009 and January 17, 2009 respectively passed by learned Additional Sessions Judge, 1st Court, Tamluk, Purba Medinipur in S.T. No. 5(4) 2006 arising out of S.C. No. 18(8) 2005 wherein the appellant was found guilty of the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay a fine of rupees 10,000/- id to suffer R.I. for one year.
(2.) The background of the instant case was that the appellant was an employer of the victim (Tapan Pramanik) and on the 17th May, 1999 at about 3 P.M. the victim demanded money, due from the appellant and there was an altercation between the two. All on a sudden the appellant took a 'Hansua' (a Sharp cutting weapon) from the nearby green coconut shop of one Narayan Rana Singha and gave a fatal blow on the left side of his head causing serious bleedings injuries. Seeing such incident, the local people rushed to place of occurrence to save the victim who fell down in a nearby pond. The victim was brought to Moyna P.H.C. The father of the victim was informed about the incident and as the condition of his son was serious; the victim was brought to Tamluk District Hospital and thereafter to P.G. Hospital for better management but said victim ultimately succumbed the injury on the 20th day of January 1999.
(3.) The written complaint dated 17th day of May 1999 (Exhibit-1) & the endorsement of the Officer-in-Charge, local police station (Moyna Police Station) in the written complaint (Exhibit-1/1) clearly revealed that the father of the victim (i.e. PW 1) lodged the written complaint at about 20.05 hours on the 17th day of May 1999 before the Officer-in-Charge of Moyna Police Station narrating the incident which took place at village Arang Kiyarana, Police Station Moyna, (Midnapore, now Purba Medinipur). It is revealed from the said written complaint that the appellant hit the victim at the place of occurrence causing grievous injury on his head by a Sharp Cutting Weapon ('Hansua'). On receipt of such written complaint the Officer-in-Charge of the police station concerned a case started against the appellant alleging Commission of the Offence Punishable under Section 326 of the Indian Penal Code but subsequently on the death of the victim, Section 302 of the Indian Penal Code was added and on completion of investigation, the charge-sheet was submitted against him.;