Indrajit Chatterjee, J. - (1.) THIS court is hearing this appeal as against the judgment and order of conviction respectively dated 15 -05 -2013 and 16 -05 -2013 passed by the learned Additional District & Sessions Judge, Nabadwip, Nadia, in Sessions Trial No. XIIA(8) 2011 arising out of Sessions Case No. 91(4) 2011 wherein the present appellant was convicted in respect of the charge under Sections 304 Part -II of the Indian Penal Code (herein after called as IPC) and the present appellant was sentenced to suffer rigorous imprisonment for five years and he was also directed to pay fine of Rs. 1000/ -, i.d., to suffer further rigorous imprisonment for a period of three months. The trial court ordered that the accused/convict was entitled to get the set off under Section 428 of the Code of Criminal Procedure. The accused appellant was however acquitted in respect of the charge under Section 279 of the IPC.
(2.) THE fact revealed before the trial court can be stated in brief thus: - That one F.I.R. was lodged by one Sujit Dewan, Assistant Sub -Inspector of Police, Nabadwip Police Station, District - Nadia with the Inspector -in -Charge of the said police station alleging, inter alia, that on 17 -07 -2010, this de facto complainant was in night patrol duty and he was accompanied by Constable No. 1054, Udit Santra, Constable No. 417, Kamal Sen, Constable No. 368, Rai Kinkar Biswas, Home Guard No. 1108, Ashok Adhikari and police driver, 533 Gadadhar Mondal (they are all the P.Ws. in this case). At about 10 -35 hours, such raiding party received one direction from S.I., Joy Chatterjee of that police station to go to Madhaipur Pheri Ghat and on receipt of that information, the driver of the police van was trying to change the direction of the vehicle near "Gouranga Setu". Constable No. 368, Rai Kinkar Biswas, the victim of this case came out of the police vehicle to help the police driver for that purpose with a flashing torch light and at that time, one truck bearing No. UP -71B - 7341 came there at a high speed and the driver of the said vehicle was running the vehicle in a rash and negligent manner. The said truck was coming from Krishnanagar side and was going to Nabadwip side.
(3.) IT was further alleged in the F.I.R. that the truck driver could very well see that the police patrol duty was there and the said constable trying to attract the driver by raising his hands and flashing the torch light but still the truck driver did not stop the vehicle and dashed the said constable, Rai Kinkar Biswas. The victim was taken to Nabadwip hospital and from there, he was shifted to Shaktinagar hospital and when the F.I.R. was lodged, he was in Shaktinagar hospital. The said victim ultimately died on 20th July, 2010 at 9:40 p.m. at SSKM Hospital where he was shifted in the night of 18.07.2010.;