S.N.Chakrabarty, J. - (1.)This appeal is directed against the judgement and order dated 16.5.92 passed by an Additional Session Judge of Midnapore in Session Trial No. XVI of December 1988 convicting the appellant Under Section 304(1) of the Indian Penal Code, and sentencing him to undergo 10 years R.I. and to pay a fine of Rs. 2,000/-, in default to suffer further R.I. for six months.
(2.)Subroto Das, brother of the victim Ashis Das filed a written complaint at Kotwali Police Station at 9.35 P.M. on 29.8.1986 alleging that on that day at about 8.45 P.M. when Ashish was going to their shop at Judges' Court compound, the accused appellant Nanku Hati stabbed him on his belly with a knife, as a result Ashis fell down on the way and was groaning with pain when Nanku fled away. The injured was taken to hospital, where he expired at 9.50 P.M.
(3.)The defence version as can be gathered from trend of cross-examination of the P.W.s and examination of accused under section 313 Cr. P.C. is that the accused had been falsely implicated in this case out of grudge and strained relationship between the accused's father and the local Jadav Sampradaya who forcibly took possession of some landed property of the accused's father for which litigation was going on in the Hon'ble High Court. The learned Session Judge, however, on a consideration of the materials on record convicted and sentenced the accused appellant as stated above.
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