- (1.) This appeal is against the judgement and order of conviction dated 25-09- 2013 and 27-09-2013 respectively passed by the the then Additional District & Sessions Judge, Fast Track, Court No.II, Hooghly in Sessions Trial Case No. 01/11 arising out of Sessions Case No. 220/11 in which the said learned trial court was pleased to convict the present appellant in respect of the charge punishable under section 304 of the Indian Penal Code (hereinafter called as the Code) and the present appellant was sentenced to suffer R. I. for seven years and to pay fine of Rs.5000/- i.d., R.I. for one year in respect of the offence punishable under Section 304 and in respect of the charge under Section 448 of the Indian Penal Code the learned trial court was pleased to clamp a sentence of fine to the tune of Rs.500/- i.d., to suffer S.I. for a month. The case before the trial court can be summarized thus :-
(2.) That one FIR was lodged by Ram Bachan Das giving rise to Polba P.S. Case No. 13/11 dated 11-2-11 under Sections 447 and 304 of the Indian Penal Code. The FIR was received by the said police station at 10.05 hours on 11.2.2011. In that FIR, it was alleged that on the previous day (10-2-2011) at 8-30 p.m. the father of the de facto complainant was sleeping on a "Choki" at the Verandah of his house. The incident took place at about 1-00 a.m. on 11-2-2011 ( as per the English Calendar ) when the present appellant entered into the house and due to previous grudge started assaulting the victim, Ram Briz Das. The victim raised hue and cry and that attracted the de facto complainant, his other brothers and their wives.
(3.) They woke up and tried to apprehend the appellant. During such chase, the appellant suddenly failed down and received injuries on his nose and face and also on other portion of his body but somehow he managed to escape. Thereafter, the victim was taken to Polba PHC but considering the complaint of victim as to chest pain, he was referred to Chinsurah District Hospital. The victim ultimately died. There was post-mortem examination on the dead body of the victim as per Polba P.S.U.D. Case No.06/11 dated 11.02.11. There was also inquest examination on the dead body of the victim in that U.D. case. I have already stated at what time the FIR was lodged.;