Sankar Acharyya, J. - (1.) THIS appeal has been preferred by appellant Golab Chandra Shaw challenging the judgment dated 29.01.2008 with orders of conviction and sentence of life imprisonment with fine of Rs. 5,000/ - of the charge under Section 302 of the Indian Penal Code (in short I.P.C.) passed by learned Additional Sessions Judge, Fast Track, Court - II, Siliguri in Sessions trial No. 1 of 2008 corresponding to Sessions Case No. 48 (S) of 2007 arising out of Matigara Police Station Case No. 175 of 2006 dated 18.12.2006.
(2.) INITIALLY , said case was started under Section 302/34 of the Indian Penal Code against this appellant and his two minor grandsons viz. Goutam Shaw and Chandan Shaw as accused persons. The case of said two minor accused persons has been splitted up for their decision before Juvenile Justice Board, Coochbehar. Prosecution case in substance is that on 17.12.2006 in the evening at about 6:00 p.m. at village - Shibnagar aforesaid Goutam Shaw, Chandan Shaw and Pankah Pathak (victim) and Raju Singh (PW 8) were playing badminton on the village road under street -flood -light. During such play altercation and quarrel took place between Pankaj pathak and the grandsons of the appellant. Then Chandan called this appellant from home. The appellant enquired about Pankaj at that place when goutam and Chandan caught hold of Pankaj and appellant Golab Chandra Shaw abused and assaulted Pankaj by a knife on his belly and chest. Raju Singh raised hue and cry. Some persons came there. Accused persons tried to flee away but the appellant was apprehended by them. Pankaj was removed to Siliguri hospital for treatment but in that hospital he was declared dead by doctor after examination. The appellant was manhandled at the place of occurrence (in short P.O.) by assembled persons causing his injuries. The appellant was taken to North Bengal Medical College and Hospital by the local persons and he was admitted there. In that night on 18.12.2006 at 1:30 a.m. Binode Pathak lodged written complaint as First Information Report (in short F.I.R.) at Matigara Police Station when the case was started and investigated by Police. After completion of investigation charge -sheet was submitted against this appellant. Separate charge -sheet was filed against two juveniles.
(3.) IN the trial Court, a charge under Section 302/34 of the Indian Penal Code was framed against this appellant. Said charge was read over and explained to the appellant accused when he pleaded not guilty claiming to be tried. Accordingly, the case was tried in the Trial Court and said trial ended in the impugned judgment and orders of conviction and sentence.;