Siddhartha Chattopadhyay, J. - (1.) This instant criminal appeal emanates from the judgment and order of conviction dated 16.3.2016 and 18.3.2016 passed by the Additional Sessions Judge , 3rd Court, Purulia in ST No. 01 of 2015, by which the learned Court below convicted the appellants under Sections 279/304A/323/34 of IPC. The grievance of the appellants, as ventilated in the petition of complaint is such that on 18.2.2015 at or about 9.00 A.M. while her husband was going towards Hura , Nimtola for availing of a bus, the accused dashed her husband with full force by a motor bike from behind with the intention to kill him out of previous enmity and as a result, the victim fell down in the pitch road. Thereafter, the accused/appellant started assaulting her husband at random and also kicked him at his stomach and by catching his head dashed him on the pitch road. The victim began to bleed and also vomited. The victim was instantly taken to Hura Hura hospital for his treatment. The condition being critical he was removed to Bankura (G.S.Clinic)and thereafter he was shifted to Kolkata for better treatment. After 22 days, the victim was released from the said hospital and again he was hospitalised at Hura Rural Gramin Hospital . He breathed his last on the next date.
(2.) Pursuant to the charge sheet submitted by the Investigating Officer the accused-appellant faced the trial. In the interest of effective adjudication prosecution evidence needs to be revisited. It appears from the evidence of P.W.1 that before the fateful incident there was a dispute between the parties for throwing the garbage in front of the husband of the complainant. On that date, the accused persons threatened to kill the victim. But in course of evidence the prosecution could not establish the said fact nor even it is mentioned in the FIR. P.W. I is not the witness to the occurrence. P.W. 2 is the scribe. In cross examination, he candidly admitted that he had not seen the incident. P.W. 3 is a relative of the deceased. In his evidence he has stated that the victim was dashed by motorcycle and he found the motorcycle lying therein. However, he found the accused persons driving the vehicle . P.W. 4 found that there was jostling going on between the parties and as a result the victim fell down. He found one black coloured motorcycle therein.
(3.) In cross examination, he however stated that he found three persons were quarreling and as a result the victim fell down.;