- (1.) THIS appeal is directed against a judgment dated 17th December 2003 passed by the learned Additional sessions Judge, Fast Track Court, Alipurduar, in Sessions trial No. 18/2003 arising out of Sessions Case No. 5/2003 convicting the appellant under section 304 of the Indian penal Code and an order dated 17th December 2003 by which the appellant was sentenced to imprisonment for life as also to pay fine of Rs. 5000/-, in default to suffer further imprisonment for a period of one year for the offence punishable under section 304 of the Indian Penal code.
(2.) BRIEFLY stated the facts and circumstances of the case are as follows:- 17th November 2001 was the day of Dewali. In the evening at about 8 P. M. Grabrial Munda, aged about 18 years, was stabbed in the abdomen by his friend Bablu, the appellant herein. He was taken to Hantapara Tea garden Hospital where he was treated by P. W. 10 Dr. Panda.
(3.) P. W. 10 deposed as follows:- "the victim Grabrial (male 20/21 year) came to the hospital with bleeding injury in his abdomen. To stop bleeding I stitched to the wound taking proper care. The patient stated me that during altercation one Bablu Oraon assaulted him by a knife. As the condition of the patient was complicated so I referred him to Birpara State general Hospital then and there without any dealy. " P. W. 1, father of the deceased Grabrial corroborated the evidence of the P. W. 10. He deposed as follows:- "my son came running to my house while shouting and stated me that Bablu Oraon has assaulted with a knife and he fell down in front of my house. I took my son to Hanta Para T. Garden Hospital and Doctor made some treatment there and then Doctor advised us to take him to Birpara hospital and we took him tobirpara Hospital and admitted him there as referred by Doctor. On Sunday night I admitted him at birpara Hospital and on the next day i. e. Monday my son died at about 10. 00 A. M. in the morning. " P. W. 2 Dominik, an eyewitness, deposed as follows:- "the incident took place on 17. 11. 2001 at about 8 P. M. in the evening in front of the House ofphilip Munda of Upper Line of Hantapara Tea Garden. In the incident Bablu Oraon assaulted Grabrial Munda by a knife in his abdomen (left side of belly ). I saw Bablu Oraon assaulting Grabrial Munda. I saw grabrial running towards his house. Then I took grabrial Munda to hospital, at our Garden Hospital and then took him to Birpara Hospital. At about 10 p. M. in the next night Grabrial Munda died. The stabbing was done at about 8 P. M. on Saturday and grabrial died the next night at about 10 P. M. i. e. on Sunday. Bablu Oraon is present in court (identified ). The seized weapon was shown to the witness and he identified the same stating that was the weapon used by Bablu Oraon in stabbing and the witness snatched away the weapon from Bablu and deposited the same in the P. S. This is the weapon used by Bablu Oraon in stabbing the victim Grabrial munda Ext-Mat-I. " P. W. 3 Pitrash, another eyewitness, deposed that hearing the hue and cry he had come out of his house. He saw the P. W. 2 Domini had caught hold of the accused Bablu oraon. P. W. 2 also took away the knife from the accused bablu. P. W. 6 Kele Munda deposed that hearing the hue and cry he rushed to the house of Gabriel when the latter told him that he had been assaulted by Bablu by a knife. From the evidence of the witnesses, discussed above, the fact that the deceased was dealt a fatal blow by the accused Bablu has been well established. The victim died at 10 P. M. on 18th November 2001 and not at 10 A. M. as erroneously deposed by the P. W. 1. The inquest report tendered at the trial goes to show that the victim died at 22 Hours on 18th November 2001. From the evidence of the P. W. 10, it appears that the deceased himself had told Dr. Panda that there was an altercation. This part of the evidence finds corroboration from the evidence of the P. W. 3, Pitrash. He deposed that he heard the quarrel and shouting between bablu Oraon and Gabriel from his house. P. W. 6 Kele Munda deposed in this regard as follows:-"there was mara-mari between Grabrial and Bablu and Bablu hit Grabrial by a knife in the belly. " p. W. 9 Dr. Rakshit conducted the postmortem examination. The postmortem Report has been marked ext. 4. Evidence of P. W. 9 was that he found only one injury 1"x?" through the abdominal cavity. According to him the death was due to the aforesaid injury which was ante mortem and homicidal in nature. The accused was charged under section 304 IPC and has been convicted thereunder. Mr. Chatterjee, learned advocate, appearing in support of the appeal, submitted that the punishment inflicted by the learned Trial Court is much too harsh. The learned Trial Judge has held as follows:- "that the accused Bablu Oraon had intention to cause the death of Gabrial Munda for which he inflicted stab injury in his belly and the prosecution has succeeded in proving the charge u/s 304 of the I. P. C. In the result, the prosecution case succeeds. ";