Sankar Prasad Mitra, J. - (1.) This criminal appeal is directed against the judgment dated 29th March, 1996, passed by the learned Additional Sessions Judge, Jalpaiguri in Sessions Case No. 5 of 1993, whereby the appellant was convicted and sentenced under section 304 Part II of IPC to suffer rigorous imprisonment for ten years and also to pay a fine of Rs. 10,000/- and in default to suffer rigorous imprisonment three years more.
(2.) The prosecution's case in brief is that the de facto complainant, Kalam Sekh, P. W. 1 lodged a written complaint at Khargram Police Station alleging that on 15th April, 1992 at about 10 p.m. while the victim, Subol with his wife P.W.4 and others were returning home from the factory, at that time near the house of Subol the accused/appellant Birsa attacked him on road from behind and struck him with an arrow which pierced the neck of the victim and, as a result, the victim Subol sustained bleeding injury and the appellant fled away from the place. The relations of the victim took Subol to Sankosh Tea Garden Hospital for immediate treatment and thereafter the victim was sent to Alipurduar S. D. Hospital for better treatment. The appellant had a family dispute with the victim prior to the incident and as a result the appellant struck the victim, Subol with an arrow. On receiving the complaint the O.C. Khargram Police Station registered Khargram P.S. Case No. 60 of 1992 under section 326 of IPC. (Exhibit 5 series) dated 16th April, 1992 at 15.25 hrs. and endorsed the case to S.I., S.S. Ali, P.W.10, for causing investigation. Accordingly investigation of the case was taken up by P.W. 10, however, in the meantime the victim was sent to Alipurduar S.D. Hospital and he expired there on 16th April, 1992 at 12.50 hrs. On the basis of the information sent by Dr. S.A. Chanda, Superintendent, Alipurduar S.D. Hospital, Alipurduar P.S. U.D. Case No. 71 of 1992 dated 16th April, 1992 was started and S.I. S.C. Roy Barman held inquest in respect of the deadbody of the victim (Subol) vide Exhibit 8 and also sent the deadbody of the victim to Alipurduar S. D. Hospital Morg through constable No. 922, Answar Ali, P. W. 7 for P.M. examination under deadbody challan (Exhibit 5 series). The I.O. during the investigation visited the P.O., prepared sketch map with index vide (Exhibit 6 series), examined the witnesses, recorded their statement under section 161 Cr. PC. He also seized the arrow under a seizure list vide Exhibit 7 and arrested the accused. The injury report (Exhibit 2) in respect of the victim at first produced at Sankosh Tea Garden Hospital was prepared by Dr. O.P. Prasad, P.W. 6. The I.O. on 17th April, 1992 through R.T. Message received the death news of the victim and as such he made prayer to the Court for adding section 304 of IPC and thereafter on being transferred he made over the case record to O.C. on 12th July, 1992. The S.I. C.R. Senapati to whom the case was subsequently endorsed for further investigation, collected P.M. report and after obtaining opinion of the P.P., submitted chargesheet against the accused under section 304 of IPC. In the Court below the appellant was charged under section 304 Part II of IPC and in answer to the charge the accused pleaded not guilty and claimed to be tried. The defence of the appellant as appearing from the trend of cross-examination as well as his examination under section 313 of Cr. PC is that he is innocent and he did not kill the victim (Subol).
(3.) In this case the prosecution has examined as many as 10 witnesses including the doctor who held the P.M. examination of the victim. That apart the prosecution has exhibited several documents viz. Exhibits 1 to 8 and the seized arrow material Exhibit 1. On the other hand, no defence witness was examined from the side of the appellant in the Court below.;