ABUL HOSSAIN Vs. STATE OF W B

JUDGEMENT

(1.) Convict appellant Abul Hossain @ Baga has preferred this appeal from jail, challenging his order of conviction and sentence under Section 302 of the Indian Penal Code recorded by the learned Additional Sessions Judge, Jangipur in the district of Murshidabad in connection with Sessions Trial Case No. 12 of 1998.

(2.) The prosecution case arose out of an F.I.R. lodged by one Raisuddin Ahmed on 12th February, 1996 alleging death of his daughter Mabrura Khatun. It was the case of Raisuddin Ahmed that on 12th February, 1996 when his said daughter was returning from her college riding on a by- cycle and reached near the house of one Mustakin Sk. Near Suti Link Road of Raghunathpur, the appellant driving a matador van bearing No. W.B.-57- 0515 in a most rash and negligent manner knocked down said Mabrura Khatun resulting her instantaneous death on the spot.

(3.) On the basis of said F.I.R. of Raisuddin Ahmed, Suti Police Station started a case under Section 279/304(A) of the I.P.C. and S.I. B. Ghosh of that Police Station took up the investigation. During the course of investigation on 3rd March, 1996 O.C. of that Police Station Mr. S. K. Paul Himself took up the investigation on the basis of a G.D. entry and thereafter on the basis of statement given by some of the witnesses under Section 164 of the CrP.C. and with the permission of the Court, the case was changed under Section 302 of the I.P.C. and on completion of investigation, charge sheet was submitted accordingly against the appellant.