ANANDA MANNA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-10-10
HIGH COURT OF CALCUTTA
Decided on October 09,1996

ANANDA MANNA Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

NIRANJAN PRASAD V. STATE OF MADHYA PRADESH [REFERRED TO]
RAM NARAIN SINGH JAGGAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
LAKSHMI SINGH VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

N.K.BHATTACHARYYA, J. - (1.)By this appeal the accused Ananda. Manna has challenged his conviction under Section 302 I.P.C. and sentence of life imprisonment and to pay fine of Rs. 10,000 only, in default, to suffer Rigorous Imprisonment for 2 year, passed on 18-2-94, in Sessions Trial No. 1(3) of 1993, by the 2nd Additional Sessions Judge, Alipore, 24-Parganas (South).
(2.)The background of the prosecution case is that on 18-9-90, at 1.45 hours one Somnath Manna lodged a complaint in Usthi Police Station within the District of 24-Parganas (s) under Section 302 I. P. C. which was recorded by Sub-Inspector of Police, Dilip Kumar Ghosh, (P. W. 10) the then O. C. of the Usthi P. S. It was read over and explained to the said Somnath Manna and Somnath Manna put his signature on the same. The formal part of the F.I.R. were also filled up by the said sub-Inspector of Police, Sri Dilip Kumar Ghosh and he started Usthi P. S. Case No. 107 dated 17-9-92, and endorsed the investigation of the case in his favour.
(3.)The said Somnath Manna in his F. I. R. Ext. 1/1 alleged that on 17-9-92 at 11 p. m. while he was sitting on a bench in front of tea shop at Sangrampur Bazar, his father Bijon Manna, aged about 55 years was coming through the Sangrampur Mandir Bazar Road after seeing the Biswakarma Thakur in the Pandel located at a short distance from the shop of Somnath Manna. As Bijon Manna came in front of the stationery shop of Liaquat Gayen, then the accused Ananda Manna coming out from a Gali got hold of the hand of Bijon Manna and assaulted him on the back of his neck with a sword which Ananda had in his hand then. Bijan shouted "Babago" and had fallen down on the road and Ananda fled through that road straight with the sword in his right hand. Somnath ran to his father and some people, who were standing nearby, also come running but then Bijon was dead by then. Somnath noticed cut injury on the back of the neck of Bijon from which he was profusely bleeding on the road. Some people ran after Ananda but could not get hold of him.
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