ARUN KUMAR DUTTA, J. - (1.)This Appeal is directed by the Appellant-accused Kanai Mistry (hereinafter referred to as accused) against the judg ment and order of conviction and sentence dated 27/04/1992 passed by the Learned Additional Sessions Judge, 14th Court, Alipore, in S. T. Case No. 2(4)/91 before him.
(2.)The accused, along with 10 others, stood charged for having allegedly committed offences punishable under Sections 148, 325/149, and 302/149, IPC, on the allegations made in the FIR.
(3.)Briefly stated, the prosecution case is that on 15/08/1987 at about 3.00 p.m. the accused Kanai Mistry, who is a cousin of complainant Ananda Mohan Mistry, along with others, were putting up fencing with thorny branches of trees on the ejmali passage at Kumropara Lot No. 25, Hajrar Gheri, Police Station - Mathurapur, when the complain ant, his brothers, parents and their children pro tested; whereupon a quarrel ensued. The accused persons then started assaulting the complainant party with lathi, spears and iron rod. The accused Kanai struck Ram Chandra, a brother of complainant Ananda, with the back side of spade on the upper side of his right eye. Ram Chandra fell down bleed ing. Gobordhan then hit Ram with iron rod on his back. Nebu Bala tried to rescue her son Ram, but she was also assaulted on her head with iron rod and fell down with bleeding injuries. The injured persons were being taken to Raidighi Hospital for treatment; but on the way Ram Chandra died for which he was not taken to the Hospital, but his mother was taken to the Hospital and was admitted there. On the FIR lodged by the informant Ananda Mohan Mistry on the same day, the relevant case was started against the appellant-accused and 14 others under Sections 148, 149, 325 and 304. IPC. After completion of investigation, the police had submitted charge-sheet against the accused persons under Sections 148, 149, 323, 325 and 304, IPC. During consideration of chare, the learned Trial Judge had, however, framed charges against the appellant-accused and 10 others for offences punishable under Sections 148, 325/149 and 302/149, IPC, to which they had pleaded not guilty and claimed to be tried.
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