Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 27.8.1996 passed by the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in Sessions Case No. 8 of 1995 (Sessions Trial No. 5 of 1996) convicting the appellant for commission of offence punishable under Sections 304 Part I of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay a fine of Rs.2,000/-, in default to suffer R.I. for six months more.
(2.) Prosecution case as alleged against the appellant is to the effect that on 20.1.1994 at about 7 to 7.30 a.m the deceased Kamalesh Sarkar, Headmaster of Gopalganj Raghunath High School had been to the school with two labourers for effecting repairs and renovation of the said school with bamboos and other articles. At that time the accused persons assembled at the spot and there was a hot altercation between the parties. Thereupon, the appellant assaulted the victim Kamalesh with an axe on his head and other accused persons assaulted him with lathi and sabol causing various injuries on his person. Kamalesh sustained bleeding injuries and was removed to Barahar Public Health Centre and was subsequently removed to Balurghat hospital. Over the incident Bimal Chandra Bhattacharyya, P.W 1 lodged written complaint against the accused persons resulting in registration of Kumarganj P.S. Case No.16/94 dated 20.1.1994 under Sections 325/307/323/34 of the IPC. In the meantime the victim was removed to SSKM Hospital in Calcutta but unfortunately succumbed to his injuries 10/11 days after the occurrence. Post mortem of the victim was conducted and on the prayer of the investigating agency, section 302/34 was added to the array of charges. In conclusion of investigation, charge sheet was filed under section 302/34 IPC against the accused persons. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, 2nd court, Balurghat for trial and disposal. Charges were framed under Section 304/34 of the Indian Penal Code against the appellant and three other accused persons. The appellant and other accused persons pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents to prove its case.;