Joymalya Bagchi, J. - (1.) Conviction of the appellant has been recorded under Section 304 Part II of the Indian Penal Code and the appellant has been sentenced to suffer 7 years of simple imprisonment and to pay a fine of Rs.15,000/-, in default, to suffer simple imprisonment for 2 years more. Fine, if realized, was directed to be paid to the family members of the deceased.
(2.) Prosecution case, as alleged, against the appellant is to the effect that on 5.6.2000 at around 6:30 a.m. there was dispute relating to fencing between the appellant and the victim, Charan Baskey. The victim was constructing a fence and Gandhi Raj Mahato, the appellant opposed such activity. Suddenly the appellant struck the victim with a lathi and he suffered a serious injury and fell on the ground. He was taken to Jhargram Sub-divisional Hospital for treatment. Thereafter, he was shifted to Medinipur District Hospital where he died on that day at 4 p.m.
(3.) Ms. Faria Hossain appearing as amicus curiae argues that PW 1, 4 and 5 were not present at the spot and could not have witnessed the incident. Other witnesses have turned hostile and there is divergence between the version of the eyewitnesses and the narration of the incident in the inquest report.;