D.P. Sengupta, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 28.04.1989 passed by the learned Additional Sessions Judge, 9th Court, Alipore in Sessions Trial No. 8(5) 88 thereby convicting the accused appellant Shew Kumar Shaw under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life.
(2.) IN the present case, five persons were charged with the offence under Sec. 302/34 of the Indian Penal Code. The other four accused persons were acquitted of the said charge and the present appellant was only convicted under Sec. 302 of the Indian Penal Code.
(3.) TO prove its case, the prosecution examined as many as 15 witnesses including the Police Officer and the Medical Officer and none was examined on behalf of the defence. The specific defence of the accused appellant was of innocence and false implication. On the basis of an information lodged by P.W. 1 Bharat Lal Kahar, a case was registered with Titagarh Police Station alleging commission of offence under Sec. 302 IPC. In the First Information Report, it was alleged by the informant (P.W. 1), the father of the deceased, that on the date of incident at 11.30 P.M. while he was sleeping, his son Seoji Kahar (P.W. 2) rushed to his room and shouted that some people were assaulting Nanda Kishore (the victim), who was his another son. When P.W. 1 came out of his room, he found that Nanda Kishore was lying in pool of blood. P.W. 1 took Nanda Kishore on a rickshaw van for going to the hospital and on the way to the hospital he informed the incident to the police. It is further stated in the FIR that on being asked by the doctor in the hospital Nanda Kishore told that accused Shew Kumar Shaw and his brother Dina Shaw had assaulted him with a "bhojali", but he did not say anything as to why he was assaulted. It was also in the FIR that such incident of assault was seen by many persons.;