Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated February 27, 2003 passed in Sessions Trial No. 3(4) of 1993 arising out of Sessions Case No. 5(1) of 1993 by the Ld. Additional Sessions Judge, 2nd Court, Bankura convicting him for the commission of offence punishable under Sec. 304(II) of the Indian Penal Code (hereinafter referred to as IPC) and was sentencing him to suffer rigorous imprisonment for 10 years and also to pay fine of Rs. 10,000/ - in default simple imprisonment for one year more with a direction to set off the period of detention during trial since his arrest from his substantial sentence while acquitting Budhan Bauri and Basudeb Bauri from the charge under Sec. 304/34 IPC as per provisions of Sec. 235(2) of the Code of Criminal Procedure (hereinafter referred as Cr.P.C).
(2.) The backdrop of the case of prosecution is discussed in a nutshell hereunder: "On October 8, 1992 at about 20.45 hours one telephonic information was received from the Ajoydha Gram Panchayat at the Bisnupur P.S. about quarrel between two brothers resulting in death of one of the brother named Bharat Bauri. PW 16, the then officer -in -charge of Bishnupur P.S. himself along with PW14 went there and found the dead body of Bharat Bauri lying within his compound. At the place of occurrence, PW10, brother of the victim, narrated facts of the incident to PW16 stating that on that day at about 5.00 p.m. there was a quarrel between the victim Bharat Bauri with another brother Basu Bauri, his two sons Tapan Bauri, Kharu Bauri and his son -in -law Budhan Bauri at the courtyard of his brother regarding a job matter in the Balikhad as his brother had scolded them for not going to Balikhad on that day. Being aggrieved Basu Bauri and his two sons and son -in -law Budhan began to abuse Bharat Bauri and when Bharat Bauri protested then Tapan Bauri struck Bharat Bauri on his right chest by a bamboo, as a result he lost his sense. On hearing cries when villagers rushed there appellant and his sons and son -in -law fled away therefrom. PW10 was informed by his Boudi, PW15 at Balikhad where he was working. He then rushed back to the house and found the victim lying unconscious in the courtyard. He then with the help of the villagers took the victim to the Bishnupur Hospital but he died on the way. He thereafter returned back and reported the matter at the Ajoydha Panchayat Office."
(3.) PW16 recorded the statement of PW10 and after recording the same read over and explained the contents of the statement to P.W.10 who then put his LTI in his presence. PW16 then sent the complaint to Bishnupur P.S. through PW12 for his starting a case and directed PW14 for taking of investigation.;