Indrajit Chatterjee, J. - (1.) THIS court is hearing this appeal as against the judgment and order of conviction respectively dated 17.05.2013 and 18.05.2013 passed by the learned Sessions Judge, Bankura in Sessions Trial No. 1(8)2008 arising out of Sessions Case No. 11(7)2008 wherein the appellant was convicted in respect of the offence punishable under Section 304 part I of the IPC and was sentenced to suffer Rigorous Imprisonment for five years with fine of Rs. 1,000/ - in default for Rigorous Imprisonment for another six months.
(2.) THE case arose out of Chatna P.S. Case No. 34/07 dated 06.07.2007 under Section 304 of the IPC as per complaint filed by one Anna Mal which was scribed by one Goutam Mal. In the FIR it was disclosed that this Anna Mal is the widow of the victim. This incident took place on 29.06.2007. The age of the victim was 25 years at that point of time and the said victim Ramanath Mal @ Pucha was returning in a cycle after doing his days work. Suddenly his cycle dashed with one passerby on the Kamalpur field to Purulia road (as per sketch map Ext. 6) that is the present appellant Sunil Dhak and the victim after the accident suddenly fell down with his cycle but this appellant then assaulted the victim mainly on his abdomen and on other portions of his body. The victim received several injuries and he was left on the road. The full brother of the victim Sadhan Mal (PW 9) was just behind him and he was also going to his village when he found the victim lying on the road, he went to that place and thereafter took him in a van rickshaw to their house. It may be mentioned that this PW 9 was at bit distance from the victim and the accused appellant when the incident took place but he could not reach the spot at the time of the incident and saw the accused to flee away after assaulting his elder brother. When the victim was taken to his house he informed the incident to his wife Anna Mal (PW 4) and to his other relations. On the next date the victim was admitted at Bankura Hospital where the victim died on 05.07.2007 at about 11 AM. Unfortunately, the case was registered when he was admitted at the Hospital. The hospital authority also did not inform the police authority regarding the incident. The case was instituted only after the death of the victim. The investigation was taken up by S.I. Dhirendra Nath Dutta of Chatna police station. During the course of investigation he collected the original post mortem report (ext. 5) which was done by two doctors namely PW 10 Dr. Proloy Majumder and by another Dr. Biswajit Sukul (not examined). This IO also prepared a sketch map marked as Exbt. 6 and after investigation submitted charge -sheet against the accused for the offence punishable under Section 304 of the IPC.
(3.) A Sessions Case was registered and Sessions Trial No. 1(8)2008 started. The accused pleaded not guilty and claimed to be tried. During the course of trial as many as 11 (eleven) witnesses were examined and the prosecution produced some documentary evidence including the FIR, Sketch Map, Post Mortem Report and the formal FIR. The accused was examined under Section 313 of Cr.P.C., he only denied as to the incident and pleaded his innocence. No defence witness was adduced. I have already said as to the result of the Trial Court.;