TIRTHANKAR GHOSH,J. - (1.) The present appeal has been preferred against the judgment and order dated 17th February, 2017 passed by the Ld. Additional District & Sessions Judge, 2nd Court, Arambagh, Hooghly in connection with ST No. 44(10) of 2012 corresponding to Sessions Case No. 90 of 2012, wherein the Ld. Sessions Judge was pleased to hold the appellant guilty under Section 304 Part-II of the Indian Penal Code (IPC) and sentenced him to suffer Simple Imprisonment for 3 (three) years and to pay fine of Rs. 5000/- in default further Simple Imprisonment of 6 (six) months.
(2.) The prosecution case in short is that on 19-10-2011 one Rabin Mula, S/o. late Nemai Chandra Mula of Village Balpai, P.S. Khanakul, District Hooghly informed the Officer-in-Charge, Khanakul Police Station that there is a longstanding dispute regarding ancestral property with his uncles namely Mrityunjoy Mula and Basudev Mula and over this issue his uncle mislead his elder brother Uttam Mula. The complainant alleged that his uncle and elder brother used to assault him, his another brother and his mother namely Mayarani Mula. There were several meetings in the village regarding the settlement of dispute and on 18-10-2011 at about 4:30 PM Uttam Mula drunk excessively and was instigated by his uncle(s), as a result while the complainant was leaving his home his elder brother Uttam Mula started to assault him with a bamboo pole and when his mother went to rescue him, she was struck with the bamboo on her head by Uttam, as a result of which, there was a bleeding injury on her head. She was thereafter taken to Natipur Hospital, where she expired at around 10:45 PM. The complainant therefore requested the police authorities to take steps so that the accused persons may be punished.
(3.) On the basis of the aforesaid written complaint of Rabin Mula, Khanakul Police Station Case No. 186 of 2011 dated 19-10-2011 under Sections 304/109 of the IPC was registered for investigation against the appellant and two others. On completion of investigation, the Investigating Officer (IO) submitted chargesheet against all the three accused persons under Sections 304/109 of the IPC. The case was committed to the Court of Sessions and thereafter to the Ld. Trial Court.;