Asha Arora, J. - (1.) Challenge in this appeal is to the judgement and order of conviction and sentence dated 27.01.2017 and 30.01.2017 passed by the Additional Sessions Judge, Fast Track Court, Kalna in Sessions Trial No. 9 of 2014 arising out of Sessions Case No. 23 of 2014 whereby the accused/appellant was convicted for the offence punishable under Section 304 Part - II I.P.C. and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 3,000/- in default to suffer simple imprisonment for three months for the aforesaid offence.
(2.) The facts leading to the present appeal may be summarized as follows : On 01.9.2012 at 12.45 hours one Nemai Tapader (P.W. 1) lodged a written complaint at Purbasthali P.S. alleging that on 31.8.2012 at about 7.30 a.m. when his brother Ananda Tapadar and his son Nitish Tapadar were proceeding to Jhowdanga village with their cows for arranging procreation, on the way accused Basudeb Ghosh who was passing along the road on a bicycle was pushed by a bull in consequence of which he fell down. Being infuriated the accused/appellant inflicted a blow with 'da' on the right hand of Ananda Tapadar and struck on his shoulder with the reverse side of the said 'da'. Consequently the victim sustained serious cut injury on his right hand and there was severe bleeding. The victim was immediately taken to Bethuadahari Hospital where the attending medical officer declared him dead. On the basis of the aforesaid written complaint Purbasthali P.S. case No. 28 of 2012 dated 01.9.2012 under Section 302 I.P.C. was initiated against the accused. Investigation culminated in the submission of the charge sheet under Section 302 I.P.C. against the accused/appellant.
(3.) The trial court framed charge under Sections 302 I.P.C. against the accused/appellant who pleaded not guilty to the indictment in consequence of which trial commenced. In course of trial prosecution examined ten witnesses and relied upon several documents which were tendered in evidence and marked as exhibits.;