NIRMAL KARMAKAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against an order of conviction under section 304 Part II read with Section 34 of the indian Penal Code. 9 accused persons were put on trial out of whom two namely Mukhlal Singh and Bhulu Dutta have been acquitted. The remaining. 7, the appellants before us have been found guilty and sentenced to suffer rigorous imprisonment for 4 years each.

(2.) THE prosecution case in brief is as follows :-The victim Sankar is the brother of the informant Smt. Tarak Biswas (P. W. 1 ). At the relevant time i. e. in October, 1974 victim was residing with the informant at village Madanpur, P. S. v Chakdah in the district of Nadia. On the early morning of 20. 10. 74 appellant No. 1 Nirmal Katmakar and one Sudeb came to the house of the informant and called Sankar Sankar was a day labourer. He was called from the house on the pretext of harvesting paddy. Sankar went away with them. The informant thereafter left for her place of work at the house of one Prafulla Ganguli. She worked there as a maid servant. , At about 10-30 a. m. her son Tapas came to Prafulla babu's house and informed her that Sankar had been assaulted by Ramlal, Mafiadeb, mukhlal, Rajen, Bhulu, Sadhan, Bhombal, nirmal, Sudeb and Bhim. She at once came to her house and saw Sankar lying in a seriously injured condition with bleeding injuries. Sankar could hardly speak and yet in pain he stated that he had been assaulted by the aforesaid persons excluding Sudeb. The accused Nirmal was also there at the house. amongst the crowd which had assembled there and he called a doctor ( P. W. 6 ). The Doctor gave some medicines but Sankar died shortly thereafter.

(3.) AFTER that the informant came to the police station and lodged the FIB at about 1. 30 pm. against 8 named accussed persons and others. P. W. 9 an S. I. of Police recorded the FIR Ext. 1. P. W. 10 took up investigation and after completion of investigation submitted charge sheet against the 9 accused persons.