Decided on July 03,1996

In Re : Vinod Jaiswal Appellant
STATE Respondents


NURE ALAM CHOWDHURY, J. - (1.)THE matter heard by us on 2.7.1996 is taken up today for order.
(2.)WE have given anxious hearing, which though innocuous in appearance, involves a very intricate question of law due to the peculiarity of facts and circumstances.
(3.)THE three petitioners in this bail application are brothers, taken to custody on the allegation of patricide and are being prosecuted under section 304 read with section 34, I.P.C. on the basis of complaint lodged by their half brother Bijoy Jaiswal. The complainant and all the accused petitioners live in the same premises, No. 3B Hazi Zakaria Lane, Calcutta -6, although separate in mess and habitation. The FIR case is that on 16.6.1996 at 9.00 hour or so the complainant and his brother Pradip and their father Kalpnath, the last one aged about 66 years, went to their godown at 248B, A.P.C. Road for unloading some articles from a lorry. The three accused petitioners consanguinary step brothers to the complainant, appeared there and resisted them from unloading articles, claiming that nothing could be removed from the godown by the complainant, his father and his brother. Altercation ran to a high pitch and at that time the accused petitioners, Sanjoy and Ajoy, the two full brothers abused their old father, Kalpnath in most filthy languages, at which abuses from his own sons, the old man, who was a patient of acute heart trouble, to the knowledge of the accused persons, was very much cut to the quick and had serious mental strain and shock. The petitioners, over and above that, beat up the old man with fists and blows and dashed him down on the ground. All these were too much than the old man with acute heart trouble could bear. He developed chest pain immediately and fell seriously ill. The complainant and his full brothers in no time summoned a doctor who advised for immediate removal of the patient to a nursing home, where the old man breathed his last at 3.40 p.m. on that very date.
The prosecution case is that the accused petitioners inflicted physical injuries and hurled abuses causing immense mental strain to their father. By their words and deeds they caused death of the old man, knowing fully well that the heart of their father was so much damaged that he could hardly bear any such strain. The prosecution claims that thereby the petitioners, accused persons made themselves liable for an offence under section 304/34, I.P.C.


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