Debasish Kar Gupta, J. - (1.) THIS appeal is directed against the judgment and order of conviction dated April 26, 2006 and sentence dated April 27, 2006 passed by the Ld. Additional District Sessions Judge, 5th Court, Murshidabad in Sessions Serial No. 624/2005. By virtue of the impugned judgment the appellant was held guilty of offence punishable under Section 302 of I.P.C. and sentenced him to suffer imprisonment for life as also to pay fine of Rs. 5,000/ - and in default to suffer rigorous imprisonment for six months.
(2.) THE case of the prosecution in a nutshell is as under: - "On February 5, 2005 at about 1.45 p.m. Chandra Deb Mondal son of Durga Pada Mondal, PW 2, one Bonai Mondal son of Late Shibu Ram Mondal, PW 4, Tapan Mondal son of Jiten Mondal, PW 8, Jagannath Biswas son of Dhananjoy Biswas, PW 3, Sukhen Ghosh son of Suren Ghosh all of Bhabta Nichpara, Police Station Beldanga were lifting a slab of latrine from a place situated in between the houses of Sukhen Ghosh and the appellant. At that time there was an altercation in between appellant and his wife Kakali Mondal. Suddenly, the appellant assaulted Sukhen Ghosh @ Joybeb Ghosh, the deceased on his head with a thick bamboo stick (khutbere). The aforesaid Sukhen Ghosh sustained severe injury and became senseless. He was admitted to Berampore hospital for treatment. The PW 1 lodged a complaint dated February 5, 2005 in the Beldanga Police Station, District - Murshidabad. The above letter of complaint was treated as FIR No. 15 dated February 5, 2005 to start Beldanga P.S. Case No. 15/05, initiating a proceeding under Sections 325/326 of IPC. The rough sketch map of the place of occurrence was prepared. Thereafter the aforesaid Sukhen Ghosh expired on the selfsame date i.e. on February 5, 2005." The case was committed to the Court of Session for trial. PW 15 came to the medical surgical ward from Berampur General Hospital with his assistant Mukti Singha, PW 10 and prepared a surathal report dated February 5, 2005. According to surathal report the dead body of the deceased found wearing black sando gangi and one chek lungi and injury at the backside of the head of the dead body of the length of 4 fingers detected. Another deep wound was detected on the forehead of the deceased just on the right side of the eye. There was sign of blood in the nose and mouth of the deceased.
(3.) AS per the post mortem report following injuries were found on the body of the deceased. "1. One lacerated scalp injury on the left parietal region posteriorly about 2 1/2 x ¼" in size. 2. Lacerated injury on the right side of the forehead above the right eye brow 1" x 1" in size.";